CHAPTER V
1900 - 1909
HISTORY OF DKNVER WATER SYSTEM INDEX
CHAPTER V 1900-1909
Item Page No,
Allen's Lake (Marston Lake)- 1900 33
Antero Damr Contracts 1908-09 75
Antero and Lost Park Co. ((Incorp); 74
Antero and Lost Park Reservoir Co., Sale of 1909 76 Ashland "Avenue Pump Station 1907 32 Bear Creek and Turkey Creek "Water supply for
Marston Lake 35
Capitol Hill No. 2 Reservoir 1906-07 29
Capitol Hill Pumping plant 1908 30
Carey Act 1894 1
Cheesrnan, Walter S. 4
Cheesman Dam & Reservoir (So. PJ. atte Reservoir) 5
Cheesman Dam, 1st filing, R . O. W. araa decree - type 8-10
City Ditch 65
Conduit No. 4, relocation 33
Conduit No. 5, reconstruction of 1908 31
Conduit No. 3, 1899-1911 26
Cripple Creek Gold 1
Domestic Water Supply 58-60
English Company 72-73 / y Harriman Ditch Company 1892 35-37 2.
Item Page No,
High Line Canal, Construction of 1879 lii-11
Hydro-electric system 1907 (Central Power Co.) 2
Marston Lake (Allen's Lake) 1900 33
Moffat Road, Construction of 1903 2}
Platte Canyon Reservoir 18-19
Platte Canyon Elite r Beds 21
Flatte Land Coinpany, limited 78
''•'"Soda Lake Reservoir 1893 38
Soda Lakes Reservoir & Mineral Water Co. 39
Stand Pipe, University Park 27
. It —
XJncompaghre Project 1904 2
Water Rates, "Leaflet" 55
Water rates, protested 1905 67
West Side Pumping ^Station 33 CHAPTER V
^^ •_) 1900 - 1909
Reclamation Act-Platte Canyon Reservoir-Slow Sand Filters-Conduit No. 3-Stand pipe-Capitol Hill No. 2 and Pumping Plant-Ashland Ave. Pumping Plant-West Side Station-Conduit No. 4-Marston Lake-Bear Creek Supply-Harriman & Soda Lakes-$4, 750, 000 Bond Issue Voided- Water Rate Litigatioi -Board of Appraisers Appointed, Water Plant Valued at $14, 400, 000-Water Right Controversies-Gheesman Dam Completed-Decree Obtained-City Ditch Ra:tes and Rights-High Line Litigation-Antero Reservoir-East Denver Municipal Irrigation District.
The first decade of the twentieth century was in the main, a good
one economically for the people of Colorado.
Cripple Creek gold began to take the place of the once active
silver mines, with agriculture assuming an increasingly important role
inthe general economy of the State.
The sugar beet industry grew rapidly, proving to be a great boon
to the farmer, the farm laborer and the invest or in plants built to process
that highly profitable irrigated root crop.
Federal legislature designed to encourage the conservation of,
and the distribution of water to, the dry lands of the several western states
had much to do with placing Colorado, beginning with the year 1899, first
of all the States in the area of irrigated land receiving its entire water
supply from streams ,
The passage ofthe Carey Act in 1894 by the Congress, which
encouraged the States to cause public lands to be irrigated, reclaimed
and occupied was part of the motivaticn behind the "District Irrigation
Law" passed by the Colorado General Assembly in 1901, and was likewise
partly responsible for President Theodore Roosevelt's vigorous support of a national reclamation program that brought about the passage of
the "Reclamation Act!' of 1902.
I - The Unconnpaghre project located onthe Gunnison River in western
Colorado, was the first reclamation project authorized for construction under the above act in this state, and the third one in all of the west, with the
original contract for the tunnel itself awarded on March 23, 1904 or only 7
months after contracts had been executed on the Truckee-Carson Project
of Nevada, which was the first of all such projects authorized.
The Engineer primarily responsible for the Uncompaghre project
f was A. Lincoln Fellows, who, as a member of the Public Utilities Commission
of the City and County of Denver created in 1910, later took a leading role in the early struggle for public ownership of the Denver Water System.
Two of the many noteworthy developments by private capital
during this era, exclusive of projects constructed in connection with the present Denver Water System, of particular interest to the people of Denver
were, one: the start in 1903 of construction on the "Moffat Road" and two:
the hydro-electric system begun in 1907 by the Central Colorado Power
Company for the purpose of generating electric power from the waters of
the Colorado River at Shoshone near Glenwood Springs and of Middle Boulder
Creek, west of Boulder, with high voltage transmission lines to carry large
blocks of electrical energy from these power plants to Denver and other
load centers about the State.
Although the proportionate increase in population for the decade
1879-1880 was greater, the net increase of over 259, 000 people from 1900 to 1910, was with the exception of the population explosion in the 1950-1860
decade, the greatest in the history of the State. For Denver, the figures were even more impressive, with its
growth of 85, 522 during this period, exceeding that of the 1950-1960
decade by over 8, 000 people.
Prior to the beginning of the twentieth century, and occasibna-Uy/
thereafter, one of the principal reasons given for the slow industrial
progress in Colorado was the lack of outside capital needed to properly
finance the development of the states rich endowment of mineral and
other natural resources. There is reason to believe that the "free silver"
issue ofthe ninety's, with the support given by Colorado's leaders of the time to free coinage, had a strong adverse effect upon eastern financial
interests which took many years to overcome.
In commenting on this sitiiation, Hafen in Volume II of "Colorado and Its People", page 288 says:
"The failure of eastern capitalists who had investedlheavily in
Colorado silver mines and their representatives in Colorado to join the
Populist and Democratic leaders 'and the people of Colorado in the agitation
for the increased use of silver can be explained on either of two possibilities, neither of which have been sufficiently explored by the historian. The first
is that the profits from the silver industry derived more largely from the
organizational and promotional period, that is, from the sale and re-sale
of stock in mining companies, than fronn the operational aspects of the industry. The second is that silver mining and smelting had not kept pace
with other industries in technological developments, thus causing it to fall
behind its competitors so far as profitable operation was concerned.
3. ^ // "It may well be that the silver mining industry of Colorado WD uld
have been eclipsed during the decade of the I890's even if the white metal
had been fully utilized in the monetary structure of the nation. "
With eastern capital again becoming available about the beginning
of this period, the industrial activity within the state was reflected in a
marked increase in the wealth and industrial future of its capitol city,
which ten years later had not only retained its position as the center of
the mining industry, but had become the center of a rich irrigated area,
surrounded by a vast amount of coal deposits and with what seemed to be
at that time, later proven to be fallacious, a vast amount of hydro-electric
power available for the development of unlimited commercial opportunities.
As a heavy investor in Denver Real Estate and with'-othe/r.smbs'.tantial
business interests within the state, Walter S. Cheesman, President of The
Denver Union Water Company had an enduring faith in the futiure ofDenver
and Colorado, which never faltered, even during the dark days of the 1893
panic.
His successful effort to enlarge and improve the water system of
Denver against formidable odds during those early days is ample proof of
his steadfast convictions in this regard.
Beginning with the consolidation in 1894 and continuing until his d eath on May 31, 1907, his time and energy were largely devoted to this
work, with the Cheesman Dam, completed on August 26, 1904, standing as
a permanent monument to his memory as a man of ability, integrity, courage
4. fl.b^' and determination, who, with a few close associates, saw to it that the
water system remained in control ofDenver people up to the time it was
sold to the city in 1918.
CHEESMAN DAM AND RESERVOIR
(The South Platte Reservoir)
The first filing made for the "South Platte Reservoir" with the
United States Land Office at Denver, for necessary rights-of-way, was
dated October 8, 1894.
The area of the reservoir on this filing was given as 737 acres,
with an estimated storage capacity of 69, 005 acre feet.
Approval for a five year construction period was given by the
Secretary of the Interior from the date^ of his signature on August 19, 1895.
Although, due diligence had been exercised, it became apparent
early in 1900 that the dam would be at less than one half its design height
at the time the permit was due to expire on August 19, 1900. Hence, on
April 12, 1900 a duplicate filing of the original map was made with the land
office, with a request for an extension of five years time within which to
complete the project.
This request was approved by the Secretary of the Interior on July
3, 1900, with c ompletionoof the darn realized about 10 months before the end
of the extended time limit then authorized.
Documents filed with the State Engineer relating to appropriations
of water frcem the South Platte River in District No. 23 for this project
include: 5. 5"7/. No. 24: Citizens Wate r Company, David H. Moffat, President, dated December 27, 1889, covering a feeder pipe line, taking water from both the North and South Forks of the river and carrying it some 18 miles to a reservoir, to be located on portions of sections l6 and 21, Township 6
South, Range 69 West of the Sixth Principal Meridian (The Strong Reservoir site).
The claim made at the time was for a flow of 90 cubic feet of water a second into a 48 inch wooden pipe line, terminating in a reservoir having a storage capacity of I, 336, 898,400 cubic feet to be filled and kept filled to that capacity, with work said to have commenced on both feeder line and reservoir on October 1, 1889.
No. 69: The South Platte Canal and Reservoir Company, W. S.
Cheesman, President, dated January 17, 1894 for a Reservoir, Tunnel, Canal and pipe line extending from a reservoir (Lake Cheesman) the dam for which was to be located on the N W 1/4 of the S W i/4 of section 6, Township 10
South, Range 70 West with water to be carried by pipe line terminating in
Marston Ijake.
The claim then was for a reservoir having a surface area of 757 acres and a capacity of 3, 005, 850, 560 cubic feet - 69, 005 acre feet - with work started on October 23, 1893.
Note: Water Department records contain tracings of the reservoir mentioned in this filing as having been filed in duplicate in the U. S. Land
Office at Central City, Colorado on January 22, 1894. The State Engineer's office does not have the map called for under its filing nurnber of 69, but dues have the statement that accompanied it. 6. ^"77 No. 1548;^ The South Platte Canal and Reservoir Company,
William p. Robinson, President, dated July 6, 1904, recorded in the
State Engineer's office on July 7, 1904, a map for an enlarged reservoir at the same location as filed upon in number 69 above, having a surface area, at spillway elevation 212 of 874.08 acres and a total capacity of
3,444, 038,412 cubic feet - 79, 064 acre feet - claiming a first priority date of Decennber 28, 1889. that shown as the filing date by the Citizens Water
Company for the Strong Eeservoir and a second priority date of October 23,
1893 for The South Platte Reservoir (Cheesman)-.
Among other things, the statement on this map says that the capacity claimed is for water stored between elevaticns 15, the inlet to the lowest outlet tunnel and 212 the elvation of the spillway. Specifically the claim was for the right to store in this reservoir all of the unappropriated and flood waters, and waters flowing in the non-irrigation season from Goose Creek,
Turkey Creek and the South Fork of the South Platte River as of the above date of October 23, 1893.
This key unit in the Denver Water System is located on the South
Fork ofthe South Platte River upstream from Deckers, approximately 48 miles southwest ofDenver.
The-.'re'servoir site was purchased by The South Platte Canal and Res ervoir Company from the United States by Patent Number 17131 dated December
20, 1902, covering 7, 636.10 acres of land at a cost of $1. 25 an acre.
This purchase was authorized by an A.ct of Congress originally sponsored by Senator-/ Henry M. Teller, the bill for thatpurpose having been introduced by him in the Senate on March 31, I9OI.
7. ^vf Later, 800 acresa of school land adjacent to the Federal tract on the north was purchased fronn the State of Colorado, making a total corrected fee simple ownership at this location of 8, 435. 96 acres .
Original company records also show that various placer claims located within the reservoir site were purchased from time to time in order to protect the company's interest, with some litigation necessary before this desired objective was fully accomplished. This land was priced at
$200, 000 in the Metcalf-Anderson inventory of October 31, 1913.
The dam site was discovered on Septennber 23, 1893 by a fishing party headed by Charles P. Allen, Chief Engineer of the Company, who was also looking for a reservoir location for the Burlington Ditch.
The decree, Number 1636, awarded to Lake Cheesman, by the
District Court of the Eleventh Judicial District of Colorado on May 22, 1913, as per the findings of the Referee was in two parts, nannely:
First: Priority No. 3 in Dis trict No. 23, dated June 27, 1889
by original construction, for 1, 336, 898,400 cubic feet of water - 30, 691
Acre Feet - related back to the commencement of construction on the
"Strong" reservoir, heretofor mentioned, with construction].p.r:os-,ecuted
thereon with due diligence, until Septennber 24, 1893 ata cost of about
$70, 000. On that date following the advice of James D. Schuyler, Con
sulting Engineer, work at the "Strong" site was stopped for safety and other
reasons, and the claims transferred upstream to a better and safer..- res
ervoir site, which, as already stated, was discovered on September 23, 1893
. 8. 3-7 f Two: Priority No. 7 in District No. 23, dated September 24, 1893, I by first enlargement, for 2, 107, 140, 012 cubic feet of water - 48, 373 Acre
Feet - related back to the abandonment of construction on the "Strong" reservoir, which date happened to be the day after the "Cheesman" site was discovered.
The total of the two parts of this decree, 79. 064 acre feet, is the rated capacity at which the reservoir has been operated ever since its completion in the fall of 1904.
This decree, certified by the Clerk of the District Court of Park
County on May 31, 1913, contains a valuable summary of the underlying history and the steps taken by the Citizens Water Company and the South Platte
Canal and Reservoir Company a-.i-i to obtain storage water for nnunicipal uses in Denver from the South Platte River and its tributaries and seeins to accept and confirm all of the statennents of claim by those companies in the
various filings earlier submitted in accordance with law, to the Secretary of
the Interior and the State Engineer. (See file 147, Dw. 79^, Mgrs . Vault).
The following data on the masonry dann as built, has been condensed from a paper presented at a meeting of the American Society of Civil
Engineers, held on May 4, 1904 and published in "Transactions" of that
society, Volunne 53 at page 144, by Chatles L. Harrison and Silas H.
Woodard.
Additional information obtained from water department files, has been used to supplement that contained in the above paper, subsequent to its publication, sorne nnonths before the job was completed.
• -9. StO Mr. Harrison was appointed Chief Engineer of the South Platte
Canal and Reservoir Company and the Denver Union Water Connpany on
June 1, 1900, with instructions to design and build a masonry dam at the site of the partially connpleted rock fill dam which had been washed out by the flood of May 3, 1900 as earlier noted. He was assisted in this assignment by
L. E. Cooley, Consulting Engineer/ for the Company during the previous year.
At the tinne of his appointment, Mr. Harrison found that the following conditions prevailed at the site:
1. The outlet tunnels at elevations 10, 60 and UO had been driven.
2. The balance valve at the entrance of the lower tunnel, and the
twin valves in the middle of it had been pernnanently set.
3. Two, 42 inch single valves for the upper tunnels had been
purchased,
4. The Portland Cement masonry, together with the steel plate
of the earlier rock fill design which had been built up to
elevation 28, remained in perfect condition after the flood.
Since time was of the essence and in the interests of econonny, it was decided to utilize, in the new design all of the work previotisly done as feir as it was practicable to do so.
The dam finally determined upon was a "gravity arch" type structure curved in plan with the upstream face built on a radius of 400 feet.
The datum plane for elevations was taken as the low water nnark of the South Platte River at the dam site before construction. This datunn was stated in the decree of May 1913, to be 6, 644 feet above seal level. 10. cfi The dctm was built of granite nnasonry laid in Portland cement mortar. The first contract for excavation and nnasonry work, with cement to be furnished by the owner, was let to The Geddis and Seerie Stone
Company on August 29, 1900 and work begun early in the following month at an estinnated cost, including amounts already expended, of $1, 000, 000.
As originally designed, the spillway level was set at elevation 200, with a free board of ten feet, making the total height 210 feet. After the dam had been built to an elevation of 100, the desirability of raising its height and thereby increasing the storage capacity of the reservoir behind it, was considered, Alfred Noble, Past President of the American Society of
Civil Engineers, was retained for consultation in the matter, with the result that the design was altered and the spillway raised 12 feet to elevation 212.
The dann height was brought up to elevation 217, with a roadway 14 feet wide at that level flanked by parapet walls topped out at elevation 221.
The foundation of this dann is the solid granite rock at the bottom of the canyon across which it is built,Thej.length's.j of the dam at various elevations were : about 30 feet at the bottonn, about 40 feet at elevation 30, at elevation 90 about 130 feet on the downstreann face, and at elevation 217, about 710 feet.
The elevation of the bedrock along the axis of the streann was app rox innately nninus 10 feet, but one pot hole extended down to minus 15 feet; in fact, the entire bottonn was a series of pot holes eroded in the solid granite, varying in depth from 1 to 6 feet.
11. ^'fX The lowest part of the foundation along the bed of the river from the heel to the toe of the dam averaged about minus 10 feet. The height
of the dam from this plane to the roadway on top at elevation plus 21>7 is therefore 227 feet. But the extreme low point of the foundation at minus 15 feet with the top of the parapet walls at plus 221 gives a maximunn height
of 236 feet. The thickness of the base at elevation minus 10 is 176 feet.
When full, with two feet of water passing over the spillway, the depth of water exerting pressure, on the dam was 224 feet, or a depth nnateriaily
exceeding that against any other dam built up to that tinne.
The stone used was a good gray granite. That placed in the upstreann face was obtained from a quarry distant about 2, 000 feet north and west from the dam, and which, after the river bed was filled vidth water, was floated down to the job on barges.
The stone for the downstreann face and the interior of the dann was
secured from a quarry situated just below the dann and transported to the job bn snnall cars, from which it was hoisted^bjy/derricks to cars running on a construction trestle built along the face of the dann at about elevation 100.
The sand used for mortar was secured from a gulch located about
500 feet north and west of the dam. It was processed on a 3/8 inch mesh
screen, washed, and delivered to the work by wagon and scow. Tests showed it to contain less than one tenth of one percent of volatile and organic matter with voids averaging about 31 percent,
Ab out 6, 000 barrels of the Portland cement used was of the "Wolverine" brand, with the balance of approximately 77, 000 bi.rrelg obtained from lola, .^-
Kansas. 12. 5'% 3 It was delivered by the Water company free of cost to the Contractor, at a warehouse located about 4,000 feet north and west of the dam site.
All cement was tested in Denver, shipped by narrow gauge railroad to Buffalo, where it was transhipped to wagons and hauled about 23 miles over a mountain road to the job site.
It is of interest to know that Mr. D. D. Gross, who retired as Chief
Engineer of the Denver Water Department on December 1, 1951 after 48 years of service with the department, was first employed in the fall of 1903 in
Denver as a cement inspector, assigned to that particular work.
The mortar for laying the stone on the upstreann face and at the bottom and ends ofthe dam, adjoining the rock abutnnents, was nnixed in proportions of two parts of sand to one part of cennent by volume, with 95 pounds of cennent taken as one cubic foot, the nnortar for the rest of the masonry was mixed in the proportion of 2 1/2 to 1,
The stone for the upstream face was rough pointed, and laid with horizontal beds and vertical joints, with the outside edges made to conform to the curvature of the dam. One inch joints were allowed in the belief that a thicker bed of mortar would be more nearly water tight than the three quarter inch joints originally specified.
Although the specifications allowed these stones to be laid in broken courses, the Contractor preferred to have them of a uniform thickness.
Consequently, all the face stones were uniformly two feet thick. The speci fications required that one fourth of the face area should be headers, from four to six feet long, not less than two feet wide and evenly distributed through
•iUi: v/r^i-l. Thr, s'X'ic 13 . 5^?V the wall. The strechersi were required to be not less than three and ^
not more than seven feet long with a width not less than one and one half
tinnes the thickness.
The stones for the downstream face were not dressed, but were
large and well shaped, again with a thickness of approxinnately two feet.
They were selected and laid in steps for appearance sake. The rubble for
the interior of the dam was required to be of good size stones, well shaped
and laid so as to break joints and bond in all directions. In order to assure
a water tight dam, all stones were laid in a full soft bed of nnortar, -with
spaces between them first filled with mortar after which the smaller stones
were worked down into it.
The interior stone work was set to bond vertically as well as
horizontally, with special care taken not to level up the work at any point
throughout the thickness of the wall.
Skilled workmanship, combined with carefully prepared specifications,
and rigid inspection as the work progressed,, resulted in a "tight" structure
with no trace of rnoisture visible on its downstream face after first being put into service.
The quarry procedure was to loosen up large masses of stone with
powder and then reduce the blocks so obtained to the desired size by the use
of plug and feather.
The Republican, in its issue of June 8, 1902, reported that an explosion had occurred at one ofthe quarries on June 6th, following the accidental drilling into a missed shot.
14. S^fiT Although no fatalities resulted, the foreman, Peter Seerie and three other workmen were seriously injured at the tinne.
Asa part of the plan for building the rock fill dam, it was proposed to draw the water fronn the reservoir by three upstream outlet tunnels driven in a vertical plane through the left abutnnent, all united at a point 165 feet upstream from the discharge portal of the tunne I driven fronn elevation plus
10.
The balance valve set at the entrance to the nnain outlet tunnel, elevation plus 10, was protected by a permanent steel grating raising the entrance elevation of reservoir water to plus 15. This valve was designed to be operated by a hydraulic cylinder, the water supply for which was to be carried in pipes laid along the bottom of the tunnel fronn its portal to the valve, with a waste pipe provided in the same manner.
The twin 42-inch gate valves, located about midway between the entrance and the portal of the lower outlet tunnel were to be operated by hydraulic cylinders supplied with water in a sinnilar manner.
This -'t-unnel was six feet wide by seven feet high for 290 feet of its upstream length, and seven feet wide by nine feet high for the lower 165 feet of its length so as to accommodate the increased water delivered to it when the valves in the middle and/or upper outlet tunnels were opened and water taken through an inclined slope to that point, with the combined dis charge of all three outlets carried thence to the outlet portal.
Twin 42-inch gate valves were likewise set in the outlet tunnel driven from elevation plus 60, upstream fronn its junction with the slope leading
15, 5^%(p from the outlet at elevation plus 105 which in turn had a 42-inch gate valve set in it abo'..ve that point.
The fact that no provision had originally been nnade to give access to the working parts of these valves wheawater was being drawn out through the several outlets seemed to be a serious objection. This problenn was met by driving a separate man way tunnel leading from the top of the rock ridge, behind the dann, thus at all times, giving free access to the working parts of the valves and also providing a safe means of piping the water for operating thenn.
It was also tho-ught advisable to provide means for creating a back pressure on the valves in the 60 foot and 110 foot tunnels so as to make them easily operated when the reservoir was full. For this purpose a "Tainter
Gate" to be operated by hand, was designed and placed just below the junction of the two upper outlet tunnels.
An electric generator directly connected to a Pelton water wheel, located in one of the valve chambers, gave Ught throughout the tunnel and chambers, as well as arc and incandescent lights around the dam, lake ' front and the connja ny buildings located at the north end ofthe lake, about
4, 000 feet from the dam.
A second Pelton wheel directly connected to a triplex pump was located in the same valve chamber as the electric generator. It furnished hydrauUc power through piping to the several valve channbers for the operation ofthe valves.
In addition to this power, hand power p\amps were connected to the
ife. s%v hydraulic cylinder of each valve, by which the valves could be independently
operated if necessary.
The original spillway was about 300 feet long at elevation 212, w'ith
its south end located above 200 feet north of the north end of the dam, in a
natural saddle of the rock ridge in that area.
The maximum flood recorded up to the time the dam was built
occurred in June 1900, At that time, 1, 945 cubic feet of water a second was
recorded in the river . In addition to the discharge capacity of the spillway
which was nnuch in excess of that figure, the outlet facilities described above
were estimated as having a capacity of more than I, 000 cubic feet a second with any unused capacity of the reservoir that might be available at times of
excessive stream flow providing even more of a safety factor when used for
purposes of equalization.
The principal quantities of work involved in the project upon completion
were reported to be 978 acres of brush and timber cleared from the
reservoir site; 29, 710 cubic yards of earth and rock excavation for foundation
of the dam ; 102, 897 cubic yards of granite masonry, with approxinnately
1, 300 feet of vra.ter and nnan way tunnels driven in connection with the outlet
fecilities.
Water was first released fronn Lake Cheesman for emergency usein
Denver in July 1902, after water from Lake George and Wellington Lake, previously purchased, had been exhausted during the extremely dry summer
of that year.
The first filling of the reservoir was completed early inthe morning
of May 8, 1905 with nearly 1, 000 second feet noted as passing over the spill
way on the next day. ^^^^ 17. b'Tf Mr. Harrison resigned as Chief Engineer on May 24, 1902 to take an important position with the Pennsylvania Railroad on the New York City terminal work then under construction. He was succeeded as Chief Engineer by Mr. A. E. Kastl, an old friend and associate who came to Denver from work on the Wachusett reservoir of the Boston Water Works System. Mr.
Kastl remained in that capacity until the dann was completed. Heuwas then succeeded as Chief Enginee r by Mr. George T. Prince^ who was largely responsible for the additions li; and improvennents carried forward by the
South Platte Canal and Reservoir Company at the mouth of Platte Canyon, concurrently with this project.
As already noted, the South Platte Canal and Reservoir Company,
subsidiary corporation of the Denver Union WaterCompany, was incorporated in 1894 for the purpose of building the Cheesman Dam, the Platte Canyon
Reservoir, the Platte Canyon Filter Plant and appurtenant works in and about the mouth of the Canyon, SQ that both direct flow and storage water fronn the
South Platte River could be processed and delivered for use in the Denver
Systenn,
The overall objective ofthe planning of these various projects was to develop a safe and dependable supply of municipal use water equal to ' the demands of a population of at least 500, 000 people, regardless of drouth
or other unfavorable clirnatic tconditions.
Platte Canyon Reservoir
This sedimentation reservoir is located in the NWl/4 of Section 35,
Township 6 South, Range 69 West of the 6th Principal Meridian.
18. c-^"b'l9y The map filed with the State Engineer, on December 28, 1904, gives its capacity as 39, 398, 003 cubic feet - 904.45 acre feet - at spill way elevation, 360 Denver datum, with a surface area when full of 58.26 acres.
The South Platte Canal and Reservoir Company then clainned the right to store in this reservoir all of the unappropriated and flood waters, and waters flowing in the non-irrigating season ofthe South Platte River and its tributaries above the intake of the canal and pipe lines feeding it as of
September 5, 1902, the date upon \^ ich construction, by survey presumably, was started. Note: Old records show that actual construction work was
begun by Contractor, Joe Osner on April 9, 1903.
The right to store water of Lake Cheesman was also clainned, all for the punpose of supplying domestic water to the City of Denver, and to customers living along the lines of the nnains of the Denver Union Water Company, be tween the mouth of the canon and the city itself.
The length of the dam was given as 3436.8 feet, its height at the d eepest point 40 feet, with a free board of 5. 5 feet above the spillway. The
spillway, when constructed, was 50 feet wide, and was located at the southwest
end of the dam ,
The inlets were two in number, first a 30 inch branch connection from Conduit No. 2, discharging into the Reservoir near the spillway at the
-i.susuthwest corner and second through a headgate in the High Line Canal dis charging directly into the extreme south east corner ofthe reservoir.
The outlet as originally built consisted of a 36-inch discharge pipe
connected to the pipe lines and filter beds situated in the NE 1/4 of Section 34,
Township 6 South, Range 69 West.
19. S^9rj This reservoir is located on a mesa about 30 feet above and immediately adjacent to the south easterly bank of the South Platte River.
The nnaterial in which it is located consists of a drift or deposit of earth
gravel and cobble stones overlying a stratified limestone fornnation.
Immediately after its first filling in 1904 serious leaks appeared
along the bluff or bank of the river adjacent thereto. As will be seen later, e fforts to stop these leaks over the succeeding years met with but indifferent
success. As late as 1925, the amount of this uncontrolled leakage was esti
mated by the State Engineer as being approximately 10 cubic feet ofwater
per second of tinne.
The only record found of a court decree connected with this facility
is that contained, among others, in the adjudication by the District Court
of Douglas County, dated June l6, 1930. At that tinne the sources of supply
were two in number; one, fronn the High Line Canal as provided for at the time
of original construction, and two, by a 36-inch branch off of Conduit No, 8V
which had replaced Conduit No. 2 in 1912.
The decree established a priority date ofSeptember 5, 1902 for
domestic and nnunicipal purposes, in the annount of 39,421, 800 cubic feet
of water - 905 acre feet - for one filling in each calendar year, of water taken
from the South Platte River.
Water was first turned into this reservoir by the 3 0-inch supply line,
branch from Conduit No. 2 on December 3, 1903 and from the High Line Inlet
on April 11, 1904.
Public announcement of the purchase of land upon vh ich to build the
Platte Canon reservoir was made onDecember 7, 1902 in the "Republican"
2 0. SIl At that tinne, it was stated that the site chosen was on the banks of the
F^latte River, across from the new sand filtration beds then under con struction near the mouth of the Canyon. Work was to begin at once on a reservoir to hold 300 million gallons, .which when connpleted, would serve the dual purpose of providing a temporary reserve of water for use in times of emergency as well as to create a needed distribution facility at that location.
The inventory of 1913 shows that 112,968 acres of land were purchased for the purpose indicated.
At the annual nneeting of the Directors of the Denver Union Water
Company held on Decennber 28, 1903, it was announced that the Platte Canyon
Reservoir had been completed, and that it would be used for storage and settling purposes, with the first filling nnade possible by the use of water transferred downstreann fronn Lafe Cheesman,
Settled water was to be taken from this reservoir, when direct flow water in the river was muddy, to supply water for the slow sand filtration beds then under construction at the nnouth of the canyon as well as to the
Willard m echanical filter plant located some 3 nniles north of that point on
Conduit No. 2.
Platte Canyon Filter Beds
On February 4, 1901, Judge John A. Riner ofthe United States Circuit
Court enjoined the city from completing its municipal water bond issue of
$4, 700, 000 which had been authorized at a special election held on November
7, 1899.
With the threat of a competing nnunicipaly owned plant, thus removed.
President Cheesnnan of the Denver Union Water Connpany announced, on March
5, 1901, that the company had plans for substantial improvennents to the system
21, C9 f. which he said when once started would take a period of three to five years
to connplete.
One of the more important projects then planned was the innmediate
construction of a slow sand plant at the mouth of Platte Canyon, for the
purpose of increasing system filtering capacity.
Selection of this new type of plant, perfected in England and Germany,
and successfully intr educed in the United States at Albany, New York and
Ashland, Wisconsin, followed extensive experinnents and tests conducted by
V arious skilled chemists and water experts over the years on Flatte River
water at the Willard and Marston Lake mechanical plants, the first one of
which was put in operation in 1893.
The site chosen for this new facility was adjacent to the river, directly
over the southerly end ofthe underground collection system consisting of
30 inch wooden cribs constructed there in 1889-1890 to supply naturally
filtered water to Conduit No. 1.
Active work on the project designed to feed filtered water into
Conduit No. 3, then under construction, was begun on June 3, 1901, but
so much work of a prelinninary character was necessary in the way of erecting
camp buildings and assembling materials and machinery that work on the
construction of the filter beds proper was not well under way until July 15,. 1901.
Following these delays the work was hampered by the failure to secure
a man competent to direct it on the ground. This difficulty was later overcome
by securing the services of Mr. F. C. Horn, a civil engineer of Chicago,
In reporting to the Chief Engineer for the fiscal year ending Novennber
1, 1901, the river diversion Superintendent stated that on that date the work of
22. b'^S construction of ennbankments could be regarded as being about 60 percent
connplete .
Expenditures during that year included those on a diversion dam across the river, a flume to carry river water to the sedi^-rnentation basins,
levees above the sedimentation basins, excavation and embanknnent for those
basins, excavation and other work required for Filtration Basins No, 1, 2
andf3, and on miscellaneous items in and about the project.
As of November 1, 1901, it was stated that the concrete and piping
in Basin No, 1 was 95 percent complete with coarse sand and cobble stones
in that basin also 95 percent complete. The sand was only 40 percent
complete due to the difficulty experienced in the beginning in securing
machinery suited to the assorting of nnaterials for the covering ofthe sewer
pipes and the composition of the filtering media above. Steam plants had
finally been erected for the crushing of nnaterials for concrete and for the
sizing and washing of the sand.
The Superintendent also reported that nnaterials sufficient for the
covering of the basin floors in accordance with the specifications had been
tocated, with the exception of the upper three feet of sand of which about
5 0, 000 cubic yards would be required, with not more than 14, 000 cubic yards
then in sight suitable for this purpose.
He stated that two methods of nnaking up this deficiency nnight be
utilized. First, the water of the river running through the basins would leave
large quantities of sand which by properly dividing the basins into sub-basins
might produce enough sand which, after sorting to the required sizes, should
do the job. The length of tinne required to do this was in his 'Opinion, the
23. iT^y greatest drawback to its adoption.
The other method seemed to be simpler and much more ready of
resiilts. It- would consist of opening up a large bed of suitable sand between
Platte Canyon station and Wynetka and building a spur into it from the
Colorado and Southern Railway for the purpose of c onveyance. Although more
expensive it was deenned to be much more efficacious. In conclusion, the
Superintendent recommended that the cost of procuring the coarser grade
of materials could be cut in half by the erection of a revolving screen for that purpose. He estinnated that the cost of buying and putting in service such a
screen would not exceed $500 and had prices from several sources which he
was ready to submit on request.
Water for these original filter basins was taken frorn the river, using the connpany's Platte Canyon Ditch rights, by a wooden flume 6 feet wide and
3 feet deep, built on a fall of .09 of a foot per 100 feet. The flume was
1475 feet long, with its upper end about 1286 feet above!(the headgate cf the
Platte Canyon ditch proper, over which it was built to deliver water to the
beds as needed. The water thus obtained was first delivered to 2 sedinnentation b asins located upstrearn from the filtration basins proper to which it was
delivered after nnost of the sediment had been deposited therein. Basin No. I
was placed in service in January 1902, with the Republican reporting on
July 26, 1902 that due to litigation and the extreme drought conditions of that
year, the company had turned the water off of its filter beds the day before at the nnouth of the canyon in obedience to a District Court injunction prohibiting
the city from taking more than 30 second feetfbr domestic use until a number
24. i'?,r of ranchmen's clainns had been satisfactorily settled.
The first basins here covered an area of 2. 5 acres. During the next three years the number of basins was increased to six, having a filtration area of 12. 56 acres, which brought the nominal rated capacity of this facility by the end of 1905 to 30 million gallons daily.
On June 30, 1905, the Republican announced that in addition to the increase in filter beds then under way, plans were being drawn for a new power and pumping station at Platte Canyon. This plant would furnish electricity for various purposes, including plant lighting and employee cottages. A sand washer was also being built to handle filtration bed sand.
Contracts were let on September 21, 1905 for electrical and pump equiprnent with operation scheduled for February 1906,
Upon connpletion in 1907 the company reported equipment installed at this reserve punnping plant as follows:
1-75 horsepower DeLaval steann turbine, connected to 2-12 inch centrifugal punnps having a rated capacity of 10 nnillion gallons a day.
1 -55 horsepower DeLaval steam turbine connected to 1-12 inch centrifugal punnp having a rated capacity of 5 million gallons a day.
1-30 horsepower DeLaval steam turbine connected to l-l6inch
Centrifugal pump having a rated capacity of 3 million gallons a day.
1 - Platte Iron Works horizontal connpound duplex pump, capacity
700 gallons a nninute or 1, 008,000 gallons a day
1 - Water Turbine with pair of 15 inch cylinder gate wheels at y 400 RPM with 20 foot head. Its rated capacity was 80 horsepower.
25. 5-?^ Power for the lighting systenn was furnished by 1-55 horsepower
DeLaval steann turbine directly connected to a 35 KW direct current, 230
volt Sprague generator. and 2-Babcock and Wilcox, coal fired, water tube
boilers with Dutch Oven Furnaces.
Conduit No, 3
This clear water pipe line was built in sections during the period
from 1899 to 1911.
As finally connpleted, it extended from the Platte Canyon filter beds
to the Ashland Avenue reservoir, a distance of 22. 22 miles.
Fronn the intake at the slow sand filters to South Federal Boulevard
and West Alameda Avenue,, it was of wood stave construction, 40 inches in
diameter for a length of 89, 675 feet; from South Federal Boulevard and West
Alameda Avenue to West 1st Avenue, wood stave pipe, 36 inches in diameter
was laid for a distance of 2, 625 feet. At this point, the diameter was reduced
to 34 inches for a distance of 3, 900 feet to Federal Boulevard and West 8th
Avenue. The total length ofthe conduit thus built was 18.22 miles.
This work was done in two sections, the first section from Wynetka
to West 8th - 47, 785 feet in length - was started on June 15, 1899 and completed
June 2, 1900, with the second section 48,415 feet in length, started April 5,
1901, with connection to the Platte Canyon filter beds connpleted on January
22, 1902.
In 1904 the conduit was extended fronn Federal Boulevard and West 8th
Avenue to West 29th Street and Lowell where it was connected to Conduit No. 1,
26. L-9 7 from which point Conduit No. 1 was used for the balance of the distance to the Ashland Avenue Reservoirs. This extension was nnade up of 11, 072 feet of 30- inch wood stave pipe and 2242 feet of 30-inch cast iron pipe; the overall length being 2. 52 nniles.
It was not until 1911 that a branch off of this Conduit was constructed from West 26th Avenue and Lowell Street to the Ashland Reservoirs. This branch was 9,035 feet in length, composed of 8,447 feet of 30-inch wood stave pipe and 638 feet of SO-inch cast uronpipe. After it was completed it was estinnated that the discharge capacity to the Ashland Avenue reservoirs at high water elevation of 257 there, was approxinnately 10 nnillion gallons a day,
Miscellaneous Improvements and Additions to Plant
University Park Stand Pipe
This stand pipe was erected in the summer of 1904 near the intersection of South Harrison Street and East Iliff Avenue for the purpose of improving pressure conditions dur ing peak periods of consumer demand in the University
Park area.
An original tracing, filed in Drawer 132, numbered 17, dated April
14, 1905, gives its inside diameter as 50 feet with a total height above founda tion of 45 feet.
It was connected to Conduit No. 2 at University Boulevard by a 10- inch pipe line, running east on East Iliff Street, with a 12-inch branch to the bottonn of the tank. This 10-inch line was plugged off a short distance east of the stand pipe.
By operating the two 12*inch valves in that feeder, water could be fed into the tank during periods of low demand, with the flow reversed therein and water drawn from the tank when peak demands causedd pressures 27. ^"9 f -• - • in the area to drop below a predetermined minimum figure.
The calculated capacity of the tank was approximately 660, 000 gallons. The elevation of the bottom ofthe tank was 238 on the city datum.
A news item published in the Republican on July 26, 1904 gives the following account of its installation: "People who live within sight of Myrtle probably wonder what has become of the large stand pipe viiich with another formerly crowned its summit. " This reference is to the two tanks erected in 1892 on East Alanneda Avenue at South High Street by the Citizens Water
Cornpany, the second one of which was later dismantled. (See photo in
Engineering Library).
" Because it was practically useless, there and owing to the low pressure at University Park, the stand pipe is being moved. The stand pipes were built
12 years ago, but were never connected with the pumping station - Capitol iiill - and thus were of little service, the gravity pres sure sometirnes leaving thenn with less than 5 feet of water.
" In this new location the tank will be connected by a lO-inch pipe line with a pumping station at the rear of Capitol Hill, thus insuring an even pressure while the water lasts. The tank is not one of unusual size, being but
50 feet in dianneter and a trifle less in height.
" Its capacity was about 20, 000 barrels. It had a foundation of 24 feet above the ground level, where as at the new location, the foundation is but three feet, this being accounted for by the extreme highness ofthe ground.
Also a punnping station will supply the water to it rather than gravity.
" The Contractor employed to dismantle and jnr;o.ve'''it to the new location took but 15 days with 6 men to do that part of the work. It was estimated that
28. j^'fa erection at the new site would take about 30 days, with the cost of moving
and erecting about $3, 500 whereas, a new stand pipe of the same size
tl would cost $11, 000."
The high water elevation at this new location was 283 or 26 feet
higher than that at the original East Alameda Avenue site.
Capitol Hill No. 2 Reservoir
Early in the year 1906, water c cmpany officials announced that a
second clear water basin was to be built adjacent to Basin No. 1 constructed
bn Capitol Hill in 1887.
This immediately brought forth opposition fronn neighboring property
owners and others, which ended with a suit being filed in Denver District
Court on March 22, 1906 by Theresa Bush and 15 others, it was charged ihdthe complaint thattone of the reasons vvhy an injunction should be granted
against the proposed innprovement, was that the lease the water cornpany
held at the location nanned, dated February 25, 1887, was not properly
obtained from the City Council and was therefore void. Attorney Johk A. Rush
was quoted as being the authority for this clainn. In addition it was claimed
thatthe proposed reservoir, if constructed, would become a public nuisance
and would decrease property values in the neighborhood by 50 percent.
The suit was tried before District Judge H. V. Johnson, p^rjsviously
Mayor of Denver, 1899-1901 - who on April 28^ 1906, ruled in favor of the
Denver Union Water Company. In this decision the Judge stated that,, in his
opinion, the additional facility to be built could not be construed as a neighbor
hood nuisance since it was to be seeded over. The question of whether the
connpany held a valid lease from the city on the property in question was not
29. ioo ruled upon at that time.
The basin as thereupon constructed in 1906-1907 innnnediately east of Basin No. 1, was lined with concrete and covered by a wooden roof. Its capacity was 30 million gallons with a water depth of 22 feet.
A connplete description, with plans and photographs is to be found in the Metcalf-Anderson inventory of October 31, 1913, to which the reader is referred for further information.
Capitol Hill Pumping Plant
In 1908 a new pump with boilers, brick stack and other appurtenances, including necessary buildings; was put in operation at this location.
The pumping equipment installed at that tinne consisted of a
Worthington horizontal, direct acting pumping engine of 10 nnillion gallons a day capacity. It had a 30-inch suction line fronn Basin No. 1 with a 24- irich discharge line running to the east along the south side ofthe plant, and a l6-inch reduced to 14-inch discharge line running west from the plant, both of which were connected to the city distribution system. This additional pump raised the total C5)acity at the plant to 20 million gallons daUy. Before this installation was made the plant had one Holly horizontal p\2mping engine of
3 million gallon capacity installed in 1891, connpounded in 1895; one Gaskill horizontal compound pumping engine of like capacity, also installed in 1895, and one Barr vertical compound pumping engine of 4 million gallon capacity put into operation in 1903.
The boilers for this new installation were housed in a frame structure located south ofthe main building with the pump being located in a similar
3 0. 6 6'/ frame building built adjacent to the original brick boiler room at the north west corner where a dwelling had originally been built for company employees.
Plans and photographs are to be found in the files of the department and in the Metcalf-Anderson Inventory of October 31, 1913, from which much additional information on this facility can be obtained if desired.
Reconstruction of Conduit #5
This 30-inch wooden stave conduit built in 1887 was relocated and rebuilt in kind along public ways and streets v/ith construction work started
September 10, 1907 and completed onApril 21, 1908. The new length from well house No. 6 at the north end of the company's Cherry Creek property, to the discharge weir basin No. 2 at Capitol Hill was 5.44 nniles.
At this time, the underground collection galleries at Cherry Creek were shown on original maps as consisting of two "legs" branching south from Well No. 6. The shortest one of these was that originally built of wooden cribs with an overall length of 1007 feet with 3 wells located on it.
The second branch, 2240 feet long, had 5 manholes along its length.
It was installed in 1889 using 30-inch concrete pipe laid in gravel with open joints.
Beginning at well number 6, which was Ice ated 24 feet north of the north property line of the Cherry Creek gallery property, the first section of the new pipe line was laid with 990 feet of 36-Sinch cast iir:onipipe, then for a distance of 2, 248 feet from wellhouse No. 5 to well house No, 1, 36-inch concrete pipe was used, with the remainder of the 30-inch line to xGapitol
Hill constructed of wood staves.
31. [?0l_. The Metcalf-Anderson inventory forl9l'3 shows a gross fall in feet
between the average elevation of the Cherry Creek clear water well and
the weir elevation at Capitol Hill of 15. 6 feet. The computed capacity of
the line as reconstructed varied from 4.8 to 5.9 cubic feet of water a
second - 3, 1 to 3. 8 nnillion gallons a day, or less than half that reported
for the original line when first put in service.
The mean daily average volume of water delivered by this conduit
to Capitol Hill in 1909 was' reported by Messrs. Metcalf and Anderson to
have been 2. 88 million gallons a day,
Ashland Avenue Pumip Station
The first construction for a permanent station in the north-west
portion ofthe city was completed in 1907. It was located on the southwest
corner of the West 29th Avenue and Sheridan Boulevard intersection.
The two 1889 Deane punnping engines were moved to it when the
tennporary station there was dismantled and one new Worthington horizontal
Duplex Triple Expansion pumping engine of 5 million gallons daily capacity
installed, bringing the total station capacity at that time up to 7 million
gallons daily. T.w.oi Kewanee coal fired horizontal tubular boilers with stack, a
tank of 37, 000 gallons capacity and appurtenances were also installed here at
this time.
The general arrangennent of this station in 1912^ includ ing location of '
pipe lines with connections to Conduit No. l^is shown in Plate No, 174 of the
Metcalf-Anderson Inventory. Photographs and some other data concerning
the station at this period in its history are also to be found in Water Dept.
Archives. West Side Punnping Station
Improvements at this station in 1905 consisted nnainly in the building
of a new boiler house together with a new coal house and remodeling some
of the buildings there. During the year, two Oil City Horizontal return tubular
boilers having a rated horse power of 150 each, a'ndd33Kew.anee.; boilers of the
same general type, rated at 100 phorsepower each were installed at this.
location.
Conduit No. 4 Relocation
Although the records are far from complete, it appears that the 48"
Conduitj extending from the Mississippi Street galleries built in 1884-1885_y
was abandoned between Alarneda Avenue and the West Side Reservoir in 1906,
with a new 40 inch wood stave lin^ 1, 74 miles in length replacing it on a
location west of Lake Archer between those two points.
The Metcalf-Anderson Inventory of 1913 lists this conduit, after the
replacement nanned as having a total length of 2,77 nniles, the remaining
1. 03 miles consisting of the original 48-inch wood conduit extending south fronn
Alanneda Avenue to the Mis sissippi Street galleries. The table on page 42 of
that inventory gives the carrying capacity of the Conduit after this work was
completed, under average conditions, as about 13.4 million gallons daily.
Marston Lake (Allen's Lake)'
Construction work, with the exception of riprapping, the dyke at this
reservoir was completed in 1900.
The source of water supply until M!ay 1911 was from Bear Creek via pipe line, ditch and flume with the Intake located above Morrison. With
33 if'j the completion of Conduit No. 7 in the spring of 1911, Platte River water
became a second source of supply to it.
The dyke was riprapped by the end of 1902 with engineering details
of this and other work done here described fully in the Metcalf-Anderson
Inventory of 1913.
The News on October 12, 1900 stated, annong other things, that "The
Denver Union Water Company has placed an order at the Belmont Basalt
quarry near Boulder for 45, 000 tons of rvock to be used in riprapping Allen's
Lake, not far from Ft. Logan and the construction of a six mile driveway
around it. ". . .
"The water connpany/'g improvements will increase the value ofthe
plant probably by $750, 000 which would have to be tacked onto any price that
the city might consider for the purchase of the entire plant. "
Note; In the Inventory nnentioned above, there is listed and priced
17, 558 tons of riprap, with an additional item for laying 15, 000 cubic yards -
at a total cost of $60, 412. This material was used to pave the inner slopes
of the north and south embankments with completion some time in 1902.
In the decree of June 16, 1930 heretofor quoted fronn at length on
Denver's water rights, the following information is part of thi given under
the heading "Marston Reservoir, No. 22 1/2:
"Marston reservoir has a feeder from Bear Creek in water District
No. 9 in the State of Colorado, but its priorities to be awarded in both
water districts No. 8 and No. 9 shall not entitle it to be filled more than
once in each year under its storage appropriations fronn all its sources, includinj
the South Platte River and Bear Creek feeder, "
y 34. (^dh "It is hereby Adjudged and Decreed that there be allowed to flow Unto
Marston Reservoir 862, 257, 600 cubic feet of water in any one calendar year, (19,795 acre feet)y from the South Platte River through Conduit No. 8, the High Line Canal and Conduit No. 7, for donnestic and nnunicipal uses and purposes, including the sprinkling and watering of lawns and ornannental trees and shrubs in Denver and its suburbs under pipe line service, and for the use and benefit of whomsoever is lawfully entitled thereto; provided, that all of the
Bear Creek water received in said Marston Reservoir in any calendar year shall be deducted from the said 862, 257, 600 cubic feet to be received from the South Platte River and the said 862, 257, 600 cubic feet reduced accordingly; and provided, further, that not more than 31, ^86 acre feet of water in any calendar year".
Note: M^ s of the Denver Union Water Company dated 1913 show the nnaximuno capacity of this reservoir to be 19, 648 acre feet. However, as earlier stated, its operating capacity has beenrlimited by the State
Engineer to l6, 640 acre feet.
Bear Creek and Turkey Creek Water Supply For Marston Lake
Although originally intended for temporary use only, these two Creeks became^ in the course of time, snnall but significant sources of supply in the overall development of a raw water supply for the Denver system.
The first agreement of record entered into with The Harriman Ditch
Company by the Citizens Water Company for a supply of water to Marston
Lake was dated September 21, 1892,
35. 4 0 L This document was a two year lease, beginning with Januar y 1,
1893, giving the Citizens Water Company the use of The Harriman
Ditch and the right and privilege to draw, conduct or carry through that ditch to Marston Reservoir all the waters of Bear and Turkey Creeks not necessary for the irrigation of the lands of its stock holders or the falling and keeping full of their reservoirs or for donnestic purposes, which the capacity of said ditch, when enlarged for that purpose, would permit for the space of two years, and fronn said reservoir to take out and-^us e such water for donnestic purposes.
A provision in this lease gave the Citizens Water Company the option to ternninate the contract upon sixty days notice before the first day of
January 1894.
The Citizens Water Connpany, in consideration of the premises,
covenanted and agreed that during all the time it^he lease rennained in force, it would at its own expense put and keep the ditch in suitable order and repair
to draw and carry such water, enlarging it where necessary, sufficiently to justify its appropriation.
At the ternnination of the lease, the Citizens Company agreed to yield its rights and to leave the ditch in good repair. It also agreed to never in any way interfere with the rights of any of the stockholders, and to immediately protect and save harmless the ditch connpany and its stockholders against all loss or damage which might occur by reason of the drawing and carrying of Marston Lake water during the time period of the lease.
36^;. Attached to the original of this agreement or lease is a letter dated Novennber 26, 1892, signed by the President and two Directors of
The Harriman Ditch Company, addressed to the Citizens Water Company which states:
"We, the Directors of the Harriman Ditch Company, hereby express our satisfaction with the work of ^ enlargement and repair of the Harriman
Ditch, pperformed by Mr. George W. Harriman, Contractor for the Citizens
Water Connpany, and declare that the work done is in full compliance with the agreement made between the Harriman Ditch Company and The Citizens
Water Connpany. "
A new lease for three years after Jantary 1, 1895 dated on that day was executed with the Denver Union Water Connpany on the same gnneral ternns as originally nanned, except the Harrinnan Ditch Connpany, reserved the right to fill and keep full the reservoirs known as Soda Lakes, for which the lease recites that the Ditch Company had appropriated other waters from
Bear and Turkey Creeks for that purpose.
The Harriman Ditch Connpany was organized in Septennber 1891 with a capital stock of $40,.000 divided into 400 shares of $100 each. It acquired by deed of conveyance the Arnett Ditch and all its property and rights of way.
The decrees entered by theDistrict Court of Arapahoe County on
February 4, 1884 for the Arnett Ditch, No. 14, were:
Priority No. 21 , 10,75 cubic feet a second fronn Turkey Creek, original construction as of April 15, 1868. Priority No. 23, 7.94 cubic feet a second from Bear Creek, original construction as of March l6, 1869.
Priority No. 25, 25. 54 cubic feet a second from Bear Creek, first enlargement 3 7. li/)T as of May 1, 1871. Priority No. 30, 12. 87 cubic feet a second from Bear
Creek, second enlargement, as of March 1, 1882, The total of the four decrees being 57. 10 cubic feet of water per second of tinne.
At this'same hearing, decrees awarded to the Harrinnan Reservoir were:
Priority No. 1, 1809 cubic feet a second, original construction as of
May 1, 1873. Priority No. 3, 37. 58 cubic feet a second, 1st enlargennent as of April I, 1875.
The total annount to which the reservoir vra.s then entitled, being
55. 67 cubic feet a second, one fifth of that amount supplied from Turkey Creek with the remaining four fifths being taken from Bear Creek. It was stated in the description of the reservoir given by the Court on February 4, 1884, that it then had one hundred acres of water surface.
A map in the Water Department files, consisting of 11 tracings, pre pared by the Denver Union Water Connpany af*ter extended surveys on the
Harriman Ditch Irrigation System, dated December 1901, shows the area of
Harrinnan Lake at High Water Contour, 453.90 above Denver CityyDatum, to be 59- 67 acres, with a maximum capacity above its outlet, elevation 435. 80 of 59, 201, 826 cubic feet - (1359 acre feet).
The two Soda Lakes Reservoirs were constructed by the Harriman
Ditch Company with work thereon commenced on February 11, 1893.
The feeder carrying water to Soda Lake Reservoir No. 1, which in turn fed Reservoir No. 2 had its headgate on the Arnett or Harrinnah Ditch approximately 3750 feet below the original Arnett Ditch headgate on Bear
Creek at Morrison. It was about UOO feet long and had a calculated carrying capacity of 225 cubic feet a second,
38. (,0.J In the statement of claim filed with the Jefferson County Clerk on May 10, 1893, it was stated that the capacity of Reservoir No. I,when filled to the high water nnark^was 20,252,689 cubic feet -'(465 acre feet), and that the capacity of Reservoir No. 2^when filled was 100, 000, 000 cubic feet - (2296 acre feet).
The dam creating reservoir No. 1 was originally noted as being
938 feet long, with the dam for Reservoir No. 2 stated to be 2500 feet long.
The Soda Lakes Reservoir and Mineral Water Concipany was organized by the stockholders of the Harriman Ditch Connpany for the purpose of building the two reservoirs described above.
Each stockholder of the Harrinnan Ditch Connpany was given the right to take as nnuch stock in the new company as he had in the old. Nearly all availed themselves of this privilege and took the stock. Some did not, and therefore the stockholders of the two companies were not identical.
This sitiiation later caused a controversy between the two companies, as to just what water rights the Harriman Company had transferred to the
Soda Lakes Company.
In a deed dated October 5, 1894, the Harriman Connpany conveyed^ for a consideration of $20, 000 and other valua;ble consideration, 120 acres of land consisting of the SE 1/4 and the NE 1/4 of the SW 1/4 and the SE 1/4 ofthe NW 1/4 section 1, township 5 South,. Range 70 West to the Soda Lakes
Company, together v/ith all the water rights, appropriations, • priorities and other rights appropriated, purchased or otherwise acquired by the Harriman
onnpany for the purpose of filUng, controlling or discharging water from the
Soda Lakes reservoirs, sccalled, situated upon the above described land,
;39 ,4/0 but this conveyance did not pass any title or interest in or to any portion' of the property, water rights, priorities or appr opriations ofthe said party of the first part - Harriman Ditch Company - except those appropriated or acquired especially for use in connection with the said reservoirs as appears by the map s on file in the office of said Clerk and Rec order and in the office of the State Engineer.
It is to be noted that the land conveyed by the above deed did not connprise all of the land occupied by these two reservoirs.
Title to 880 acres of land, including the Harriman Reservoir, located thereon, together v/ith all water and reservoir rights in any wise appertaining to that land, plus 90 shares of the capital stock of the Harrinnan Ditch
Company, and 20 shares of the capital stock of the Bergen Ditch and Reservoir
Company, passed to the Denver Union Water Company fr cm James B. Grant by deed dated May 17, 1897. The consideration nanned in that deed was
$34,808.50.
The land thus acquired included the S 1/2 of Section 4; the S 1/2 of the NE 1/4 of Section 4; the SE 1/4 of Section 5J the NE 1/4, the NE 1/4 of the NW 1/4, the El/2 of the SE 1/4 and the NW 1/4 of the SE 1/4 Section 9. all in Township 5 South, Range 69 West of the 6th Principal Meridian.
Governor Grant reserved the right in this conveyance, to the use ofthe ditch constructed and used across the land con/ eyed to run water down to the Rucker and Worlen ranches around the Harriman Reservoir.
Soon after this purchase had been consumated, 10 additional shares inthe Harriman Ditch were purchased from W. C.Henry giving theDenver
Union Water Company a total of 100 shares, or a one fourth interest in that ditch. 4 0. fpll The Denver Union Water Company later secured UO shares, out of a total of 400 shares in the Soda Lakes Reservoir and Mineral Water
Company by purchasing 30 shares from J. B, Grant on July 6, 1903; 30 shares from S, B. Morgan on that same day, and 50 shares from Charles
W. Bowles on July 7, 1910.
On August 21, 1912 an unsigned memorandum addressed to Mr. W. P.
Robinson,, President, The Denver Union Water Company, evidencing the water rights of the Denver Union Water Company, after giving the certificate numbers of the 100 shares of Harrinnah Ditch connpany stock owned, explains how the water company secured control of Harrinnan ditch connpany policies through the ownership of perpetual proxies authorizing it to vote UO shares of stock at all mee'tin^rcf that ditch company. This docioment also lists the water company's rights in the ^oda Lakes reservoir, and its rights to 72 shares of stock held in the Bergen Ditch and Reservoir Company. (See file 142, docunnent 70 in the Manager's vault).
A renewal of the Harriman ditch lease' which expired on January 1, 1898, was made under an expanded agreement dated Janury 15, 1898 to run for a period of twenty years thereafter.
The agreement cleared up a number of ;^questionable points that had arisen over the years in connection with the delivery of surplus water to
Marston Lake and provided that, in addition to paying for the repair and nnaintenance of the ditch as had been past custom, the Denver Union Water
Company would pay reasonable compensation to one man selected by the ditch connpany, who would have charge of the ditch and the distribution of water to'vr.the stockholders for irrigation and into the reservoirs according
41. 19 I J.^ to their respective interests, including Soda Lakes and Marston reservoir.
(See File No. 71, Document No. 8, in the Managers Vault)'.
On January 16, 1917, one year before the above agreement would expire, its period of operation was extended for a furthe r period of twenty years, or until January 15, 1938.
It is .worthy of note that this agreement was signed byjohh Evans,
President of the Harriman Ditch Connpany and by E. S. Kassler, Iresident of the Denver Union Water Connpany.
Finally on January 18, 1938, an agreement without time linnit, under the same general terms and conditions as provided for in the one it replaced, was entered into between the Harrinnan Ditch Comjany and the City an^
County ofDenver acting by and through its Board of Water Connnnissioners, withthe Board retaining the right to terminate it in case the privileges granted to it thereunder should be lost by opera.tion of law.
Water delivered by the Harriman Ditch to MarstonLake under the conditions outlined above,, averaged 6, 723 acre feet a year for the ten year period, 1901-1910 inclusive, with a minimunn delivery of 164 acre feet recorded in 1902 and a maximum of 13, 123 acre feet reported for the year
1905.
The increase of more than 85, 000 people in the population of Denver during the decade, 1900-1910, was closely paralled by a like expansion of its water utility, as shown by the following data released in 1913 by the Denver
Union Water Company.
In that 10 .year period of time, it was estinnated that the population
^2- , served with water had grown from 140, 000 to 210, OOO^an increase of
50 percent; annual water consunnption in millions of galEL'ons, grew by 35 percent; the number of active water taps was raised fronn 23, 343 to 38, 378',* 22 percent; the maxinnum daily demand for water increased from 48.2 to over
60 million gallons? 35. 8 percent' and the minimunn daily demand, an even more significant figure, grew from 22.2 to 35.8 nnillion gallons or 6l percent by the end of 1910,
Following approval'-by Denver voters, at a special election held on
November 7, 1899; of a $4, 700, 000 bond issue to be used for the purpose of erecting or purchasing a municipal water plant, the Board of Public Works recommended to the democratic controlled city administration that immediate steps be taken to carry out the will of the people as then indicated.
This recommendation was approved, and on January l6, 1900, Mayor
Johnson signed Bill No. 2 series of 1900, providing for the necessary bond ordinance but only after considerable heated discussions had taken place on it, prior to its passage by the City Council.
On January 1, 1901, the News quoted Joel W. Shackelford, President ofthe Board of Public Works on the nnunicipal water plant situatioruas follows:
We can say with pride that this Board of Public Works has the dis tinction of having been the first to submit the question of municipal ownership of a water plant to the people. During October 1899 we passed the resolution and recorrjmended the passage of an ordinance to the Honorable City Council submitting to a vote of the taxpayers at the November election, the question of issuing $4, 700, 000 in bonds for the purpose.
43. Lii We made two public efforts to sell the bonds and would have succeeded
^f but for the persistent interference and thwarting of large and influential financial
concerns that were interested in the defeat of the movennent. Finding that their
emissaries were prepared to block any attennpt at public sale, we called to
gether a connmittee of prominent citizens, about 15 in number, and consulted
with them as to selling the bonds at private sale, as public sale was innpos sible.
We consulted thenn from time to time and finally on October 1, 1900, we succeeded
in closing the sale of the bonds to Mess rs , Dennison and Prior Company of
Boston and Cleveland, to be delivered $100, 000 on October 15 - $100, 000 on
December 1, 1900; $500, 000 on January 2, 1901 - $2, 000, 000 on April and and
$2, 000, 000 on May I, 1901. The first $100, 000 was duly paid on October 15 and
we received the applause and congratulations of the citizens who have the good
A"- ofthe people at heart.
We proceeded to negotiate with the Denver Union Water Company for
that portion of their plant which would be useful to the city. We inspected their
property but before we could get further and before the second paynnent of
$100, 000 was due, we were enjoined by the Honorable Circuit Court of the
United States for the District of Colorado from taking further steps in delivering
bonds and receiving nnoney therefor. This was done at the instance of one
Mrs. Fannie Josephine Grant of Los Angeles, California, as a taxpayer in the
city and probably in the interest of the Denver Union Water Connpany.
Until this injunction is disposed of we cannot proceed. If it is disposed
of soon, we assure the people of this city that they will be well along on the road
^ toward municipal ownership of a water plant before our term of office expres. "
44, ^/f" The court hearing on this matter was first set for Decennber 7, 1900,
but for various reasons was not begun until January 24, 1901.
In its answer to the complaint, the City stated that while Fanny
Josephine Grant, the owner of the Kittredge Building was the nominal
plaintiff, she was simply a figurehead for the water connpany in the case
then before the court.
On February 4, 1901, Judge John A Riner decided in iavor of the
plaintiff and enjoined the city from completing its municipal water bond
issue basing its findings on three different grounds: First, the question
should have been submitted to the people at a regular municipal election in April
as defined by the Charter; Second, Two distinct subjects were submitted as proposition one,/namely, the question of purchasing the plant ofthe Denver Union Water
Company and that of erecting a municipal plant instead of separately as
should have been done; and Third, the court laid great stress upon the fact that the city had in 1890, entered into a 20 year contract with the water connpany
declaring that while it would perhaps be pemn is sible under the charter for the
municipality to make a sinnilar contract with another competing connpany,
the city could not as a party to the contract itself enter into competion with
the existing company to which it had given the right of its streets.
On February 11, 1901, following a conference held by various city
officials, it was decided to appeal.fr cann Judge Riner's decision, the nnethod
of doing so being left to the discretion of the City Attorney.
Before this could be done however, the election of April 2, 1901
resulted in a switch to a Repbblican Mayor who with a Republican Board of
Supervisors, controlled the city administration thereafter even though the
45. ^'/^^ Board of Aldermen c ontinued to be ruled by Democrats.
On May 12, 1901, it was reported that the appeal would probably be dropped, and over two years later on July 23, 1903 the Republican stated that: "Supervisor Hoover would introduce a resolution at the next nneeting of the Supervisors authorizing the City Auditoro to burn $4, 700, 000 worth of unissued bonds intended for the Municipal Water Plant which Denver once expected to build. The project was declared beyond the City's province by
United States Judge Riner, February 4,1901.
"Since then the City had failed to prosecute an appeal, and inasmuch as there is little probability of the bonds ever being used, the administration considers it useless to pay storage charges at the rate of $120 a year on them, to a Safety Deposit Vault Company, with charges already aggregating
$240."
Incidentally, as the end result of Judge Riner's decision, the bond sale contract was cancelled by resolution of ihe City Council on May l6, 1901, with repayment authorized to the brokers of the sum paid by them upon the purchase of the bonds, *103, 000, together with interest on the 100 bonds already delivered. "'
Thus, the first bona fide, albeit poorly conceived plan forr.public ownership of theDenver Water plant, m et an untimely end.
The Republican on July 9, 1901 in connmenting on the situation said:
"Sonnething over $40, 000 is in the city treasury in the interest fund as a result of the recent attempt to sell water bonds to secure money to erect a municipal water plant. When the last administration tried to sell the bonds it made an appropriation to meet the interest on the bonds. A levy of 1.09 mills was made for this purpose. There is, therefore, about $40, 000 in 46. fp^7 the treasury for an emergency which does not exist,, t'he water bond question having passed in history. "
The Thirteenth Session of the Colorado General Assembly - 1901- accepted a proposal, introduced by Senator John A. Rush of Arapahoe
County for a new Article to be added to the State Constitution, designated as "Article XX, City and County ofDenver, which was approved by Governor
Orman on March 18, 1901.
This amendment was ratified at the general election held on November
4, 1902 by a ivote of 59, 750 for and 25, 767 against.
Governor Orman proclainned it as part of the fundamental law of the
State onDecember I, 1902, on which date the City and County ofDenver
came into corporate being. (See Colorado Reports, Volunne 33, Page 12).
In accordance with the provisions of the above amendmentydelegates toa charter convention were elected by the Citizens ofDenver on June 2, 1903,
The first session was held on June 9. and the work c annple ted August
I, 1903.
Since the charter then proposed made party spoils scarce, through
its short ballot and made public regulat ion of utility corporations possible,
it was violently opposed by both the party machines and the public utilities^
then serving the city, and was defeated through their efforts.
The charter was submitted to the electorate on Septennber 22, 1903, the raw work of the anti-charter forces was the worst in the history of the
city, with ballot boxes stuffed, lists padded and illegal votes cast with a
reckless disregard for law. '" Two months thereafter on December 8, 1903 a second charter convention was elected in pursuance of the provisions
of Article XX. 47. ^/if Sessions of this second group, composed of an entirely different class of nnen began on Decennber 15, 1903. Its chief care was to elinninate from the defeated charter all those provisions that interferred with party, party spoils and public service corporations.
The work of this convention was completed on February 6, 1904.
This second proposed charter was put to a vote on March 29, 1904 and was adopted by a vote of 18,487 for and 8, 348 against.
In connmenting on this charter election, marked as usual by fraud, the Republican on March 30, 19^04 said it was adopted by a vote of less than one fourth of those who, under ordinary conditions, WD uld have recorded i their will on such a momentousiis.sue. It was concluded that endless litigation must follow, which later proved to be the case.
The first election underthe new charter was held on May 17, 1904 and the officers then elected assumed office on June 1 of thd; .year.
Roibert W. Speer becanne Mayon* for a four year term.-;:, with a
City Council consisting of a 7**man Board of Supervisors and a 16*man Board of Aldermen, all being elected for a two year term.
Litigation innnnediately foUowed and continued in one form or another until October Z% 1911 when the Suprenne Court of the United States dismi'SsedL^ a petition -for writ of error on that date, the result being toisustain the consolidation of city and county as previously decided on May 1, 1911 by the
State Supreme Court. (Seepage 26, Municipal Code 1927 on this nnatter.
Also see Chapter VI "The History ofthe Government of Denver with special reference to its Relations with Public Service Corporations," by King).
The Eighth General Assembly passed an Act., approved by the Governor on April 6, 1891, establishing a court with appellate jurisdiction only to be r-;,.l-.-. 48 /.J'^ caUed "Xhe Gowrt of Appeals". This co\irt was composed of three j-ndges to be nanned by the Governor, by and with the advice of the Senate appointed for six year overlapping ternns. The purpose w3 to assist the 3-judge Supreme
Court, ih its work by reviewing judgments of record in all civil cases and in all criminal cases, not capital referred to it by that court under specified conditions.
As earler noted, the water rate case instituted by the City on
May 21, 1897 and decided against it by District Judge LeFevre in July 8, 1898, was appealed to the State Supreme Court and disnnissed there for lack ••bf jurisdiction on September 19, 1899.
The City subsequentlyV..took its case to the State Court of Appeals where it lay dornnant until that court passed out of existence on April 4, 1905, by being merged with an expanded seven man Suprenne Court which took over all appellate litigation beginning with April 5, 1905.
The Republican announcced on April 29> 1905 that the Supreme Court would soon take up for final adjudication, the old', suit.- of the City against the
Denver Union Water Company over water rates. The news itenn as then pub lished went on to say: "The city was defeated in the lower court and took the case to the Court of Appeals, but the Justices of that court never took the time to go into it. Now that the courts have been consolidated, it is to be
taken up. "
The Supreme Court handed down its opinion in this case on July 5, 1907, more than 10 years afler it had first been filed. (See Vol. 41, Colorado Reports
Page 77).
Briefly the findings of.the Supreme Court bn the points raised were:
49. L^{} (a) That the lower court had erred in its findings with respect to the flat, but not the meter rates, that had been fixed by it and put into effect on
November 1, 1985. (b) That the lower court decision on the second and third causes of action raised by the City with respect to alleged innpurity and unwholesomeness of the water supplied, and poor pressure conditions was affirnned, the evidence on both of these issues having clearly supported the position taken by the Denver Union Water Company at the time of the trial.
The opinion also affirnned Judge LeFever's ruling that the Company's rules and regulations were not unreasonable.
The net result therefore, was a victory for the city concerning its claim that the flat rates charged at the time did not comply with the provisions of Section 5 of the 1890 franchise; and a victory for the water company with regard to the franchise provisions of section 6 and 8 governing quality of water supplied and pressures maintained for fire protection.
In commenting onthe schedule of rates under review, Mr. Justice
Maxwell, who delivered the opinion ofthe Court said: "From an exhaustive and laborious examination ofthe evidence in thi s case, we arrive at the con clusion that the schedule of rates, with the exception of "meter rates", promulgated by the court in its decree, is not sustained by the evidence in the record and that with reference to more than two thirds of the itenns in the schedule there is no competent evidence in the record even te-nding to support the schedule of rates decreed by the court, and that fronn the evidence in this case, it is absolutely impossible to deternnine a schedule of rates which shall be the average of rates promulgated in the cities of Chicago, St. Louis and Cincinnati for the same service, using the words "for the same service" as nneaning the itenns of service provided for and set out in "Schedule A", which
50 fs, ^i is a part of the contract of 1890 existing between plaintiff and defendant in this case. "
Chief Justice Steele concurred in this opinion except that he was of the opinionithat the provisions of Section 5 - the rate section - ofthe
Ordinance of 1890 were enforceable.
This decision, leaving the highly c ontroversial rate question unsolved, coming as it did shortly after the death of President Cheesnnan on Ma y 31, 1907, caused his successor, David H. Moffat and Associates nnuch concern over the future of the privately owned and operated water utility.
Not only was a fair rate of return upon the invested capital threatened, but much of the investment itself seenned to be in jeopardy by reason of the growing movennent for public ownership of the water system which unfor tunately had long sincebecome a political as well as an ecomic issue.
When interviewed by a Republican reporter on July 5, 1907, about the possibility of the city buying the water plant, Mr,Moffat was quoted as saying: "We are not making any advances in the matter, but if the people want to buy the plant at a fair valuation, I believe our people would be willing to accept. "
"The contract which will expire in about 3 years provides that the people may vote on the question. "
"We are perfectly willing to go on, but we are not inviting turnn oil and dissension. We do not want to give the plant away, but our interest is to have the citizens ofDenver satisfied. We mean to be honest and fair with them. If the city does not want to vote on the question, it has authority
51. i^ xi._ to condemn the plant. Of course, that would also mean paying a reasonable price for it. "
"The entire Board of Directors is in accord with my views. Mr.
Cheesnnan was of the sanne nnind as nnyself about the matter before he died. "
Mayor Speer lost no tinne in sounding out the water ccannpany officials
on the problenns involved. He wrote President Moffat on July 9, 1907 out
lining the situation as he saw it, stating that, before the nnatter could be put to a vote of the people, it would be necessary to know, (a) what the plant
was worth and could be purchased for, (b)iits physical condition, cost of
operation and needed improvements and (c)at what rates the company was
willing to make in consideration of a new franchise.
The Mayor wrote fttrther saying that a detailed report made by
competent and trustworthy appraisers would give the public the desired
infornnation.
Finally, he suggested that, if the connpany was willing to take the
matter up along the lines suggested, he asked to be so advis.ed, so that
appraisers could be speedily appointed and the entire water question settled
by the voters at the 1908 spring election.
President Moffat replied at great length to the Mayor's request of
July 9, two weeks later on July 23, 1907, with the following statements
abstracted therefrom: "The company not only recognizes the advantage to
be obtained in detemnining in a business way a strictly business proposition
by separating it from political controversy at as early a date as possible,
but also believes that this can best be acconnplished at a special election
to be held for the purpose of considering only the nnatters ennbraced in your
52. i4.3 proposal, which election should be free from all political interference, and which special election in order to acconnplish these desirable results should be held as speedily as possible and before the city election of May next. "
In conclusion,. Mr. Moffat wrote: "No doubt it will require con siderable study and investigation to determine upon the course necessary to be adopted in subnnitting the matter to the people in accordance with the law and the contract and in this behalf, I beg again to assure you that the connpany stands ready to do whatever may be necessary on its part to secure this object and that its officials will cooperate in ascertaining what nnust be done and the method that must be ennployed in making the submission to the people. "
The negotiations started in July by this exchange of letters between
Mayor Speer and President Moffat resulted in the passage of two ordinances, one, regarding appraisement of the water plant for possible sale to the city and two, establishing a temporary schedule of rates to be used until the appraisers had completed their work.
Ordinance No. 163, Series of 1907 approved by Mayor Speer m
October 2, 1907 provided for the appraisennent of the water plant in advance of the time nanned in the 1890 franchise; and Ordinance No, l64, series of 1907 approved by the Mayor on the same day set up a schedule of flat rates on a horizontal 16 percent reduction from the "Leaflet" rates then in use. This reduced schedule was to take effect on Novennber I, 1907 and to continue until the appraisers appointed under the provisions of
Ordinance No. l63 had deternnined otherwise. The actual agreement
53 . blH between the city and the Water Company providing for this work was dated October 10, 1907.
No time was lost by either party in selecting its appraisers with the Republican announcing on October 18, 1907 that theDenver Union Water
Connpany had chosen Charles L. Harrison of New York and John R . Freennan of Providence, Rhode Island as its representatives on the Board. Eleven days later it was announced that the city had selected its appraisers,
Frederick B. Stearns of Boston and Minard L. Holnnan of St. Louis, with the fifth and last mennber, Allen Hazen of New York, chosen by the other four engineers to complete the membership of the Board.
All of these men we re leaders in their profession and approached the problem ina business-like manner after arriving in Denver on November 8,
1907 to begin their work.
Having viewed the premises and examined the property to be appraised, and head evidence and made inquiries with reference thereto, and having heard such matters as were brought to its attention by the parties to the contract of
October 10, 1907, and such other evidence as was determined should be con sidered affecting the value of the premises and the property belonging to or used by the Denver Union Water Company, the Board of Appraisers, released its findings in a report dated March 18, 1909.
The sunn of $14, 400, 000 was therein deternnined and fixed as the fair cash value of the property, business etc. divided and distributed as follows:
Physical plant, including land and structures, with interest during construction, engineering, contingencies and general expenses, after depreciation.
54; $10, 354, 075; water rights owned or used, $2, 845^ 925; Business and going concern value, $1, 200, 000.
• The appraisers also found that the fair cash value of the nnain^ pipes, pumps, hydrants and valves there used by the Denver Union Water
Company, but owned by the city and County ofDenver was $315, 000.
In signing this report, Mr. Stearns^one ofthe representatives of the City and County of Denver on the Appraisal Board, stated that he assented to all parts of the report as nnade except the valuation given therein of the water rights owned or used by the Denver Water Connpany.
At this same ttme, represeiitatives of the City and the Water
Company were informed that no three nnembers of the Board could agree on a schedule of rates to be effective for a period of £0 years, if the electors of Denver decided to grant the Water Company a new franchise at the ex piration of the existing contract due to expire in April 1910.
However, with Messrs. Hazen and Stearns in the;nninority, the other three nnembers of the Board resubnnitted the schedule, known as the "Leaflet" rates to take effect on May 1, 1909 and to continue until the franchise expired in 1910.
This schedule was 10 percent higher for all but lawns, meter and irrigation rates which remained the sanne, than the temporary one that had been established at the time the agreennent of October 10, 1907 was signed. .
In writing to Mayor Speer about the rate question, Mr, M. L. Holman, one of the City's appraisers later said: "The difficulty which we encountered was that a schedule of water rates which would give a fair return on the property
55. at the beginning of the 20 year period, would in all probability bring in a return that would be unfair in from 5 to 7 years, and would inside of
10 years, bring about a repetition of the strife and contention that has occurred in the past. As the Board had no control (and very properly so) over the ternns of the franchise, they could not devise a flat rate schedule that would be fair for 20 years . In short, the ordinance imposed a duty on us which we could not perfomn and our only course was to decline an inn- possible task. "
The overdue appraisal of March 18, 1909 received a uniformly poor reception from the officials and citizens ofDenver when published.
President Cheesnnan of the water connpany was keenly disappointed because he thought the appraisal entirely too low; Mayor Speer felt that the total of $14, 400, 000 was about $2, OOp, 000 to ohigh, but was free t o admit that if the City was going to own its water plant, it would not get it for any lower sunn in years to come.
Advocates of municipal ownership, lead by Senator T. M. Patterson, owner of the News and Attorney^John A.Rush, of Home Rule fcime, opposed it because they believed that an entirely new water plant constructed as a gravity system, capable of supplying a city of 500, 000 people could be built for
$8, 262, 000 as per the sworn statement of City Engineer John A Hunter, or for approxinnately 8 million dollars as sworn to before the Board of Appraisers by A. L. :Fellows and Hinderlider.
On the other hand, a groip of 45 representative business men of the city after studying all |iihases of the problenn for 9 months, under the name ofthe Water Consumers Protective Association, released a report on February
11, 1910, sustaining the appraisers valuation of $14,400, 000 with but one 56. ^,^rj dissenting vote.
With both President Cheesman and Mayor Speer being inlfull
synnpathy with the stated objective ofthe committee, nannely: to seek a
business solution of the water problenn, all records and other pertinent
information bearing on the subject had been nnade available to it.
The Republican on October 29, 1909 in reporting on the jjplans of
the Municipal Ownership Party for the spring election^ stated: "Water is
the paramount issue, all else is to be made subservient to this one topic.
Amendments to the charter are to be put forward and in them the water
question is bound up. If anything should be undertaken between now and the
May election respecting a settlement ofthe wate r question, the municipal
ownership party and affiliated organizations will throw themselves in the
path. Not until the Charter has been annended can the water question enter
the arena. "
"Other amendnnents to the charter are ainned at the city administration
and provide for the recall and initiative referendunn reforms which will give
considerable aid to the water movennent, "
The possibility that any agreement entered into for the sale of
the water plant to the city might be indefinitely held up was revealed in a
news item published in the Republican on April 10, 1909,
The statement was then made that on the day before Chief Justice
Steele of the Colorado supreme Court had ordered a writ of error issued to
the United States Supreme Court in the case of C. H. Venner, et al, , versus
. y The Denver Union Water Company.
4 ^ It seenns that clerks had been busy for about two nnonths transcribing
the record in this case and that it would be sent to Washington by express in a . placed upon it. It will be remembered that this suit had to do with irregularities claimed in the receivership proceedings held prior to the time the American Water Works Company property was combined with that of the Citizens Water Company to form the Denver Union Water Company. Attorneys representing the nnunicipal ownership party/ and affiliated groujjs began drafting several charter amendments late in 1909 for sub mission at the 1910 election. Ab out this time also^.the Denver Union Water Company reversed its loi g established policy of keeping its affairs to itself. and began a publicity campaign with free maps and literature telling about its plant and operations. This effort drew sarcastic comments from the News- Times on December 12th in which it was stated that the people would not be deceived as to the value of the dilapidated and antequated plant it hoped to sell to the city at an inflated figure. Domestic Water Supply The excessive amount of -8.24 inches- of precipitation recorded inthe Denver area for April 1900 was responsible for the partial failure of the Castlewood Dam on Cherry Creek and the washing out of the first Cheesman Dam onthe South Platte River, A drouth period of many nnonths followed with no reserve storage capacity to fall back upon, the supply of direct streann flow water available for both nnunicipal and irrigation use, totally inadequate as it was. soon became the source of controversy and litigation between the many clainnants to it. By July 1901, the Denver Union Water Company was appealing to its 58. customers to stop wasting water and seeking the help of the Mayor in enforcing sprinkling regulations. In discussing the situation on July 19, Chief Engineer Harrison was quoted in the Republican as saying: "No nnatter how high a pressure we put in the pipes, it would be impossible to maintain an average pressure with 20, 000 hoses drawing water fronn the pipes constantly. The statement that there is a shortage of water is not correct for we have plenty, but there is too much being taken out all the tinne to maintain the proper pressure. We nnight put more pressure on the pipes but that would break the pipes and ruin the plumbing near the pumping stations. "If the people will ^only observe the rules for the use of water, things will be allright. A shortage of water is of course, one to be avoided in view of the fact that there is little prospect of rain, but there is no danger of a water femine in this city. " On June 10, 1902, President Cheesman when asked if his company would sell water out of Lake Cheesman , then under construction, to the High Line Canal said: "I should certainly be glad if we could turn some water down to the High Line Ditch and I ann sorry that there is a prospect that the farmers under it will have to see their crops dry up. If the reservoir was connpleted, perhaps we would be able to let thenn have some water. But as it is, we must look out for our own supply this sunnnner and have none to spare. " The situation rapidly becanne worse, until on July 18, it became necessary for the acting Mayor to issue a proclamation calling upon all good citizens and water consumers to take extraordinary precautions in the use of 59 & 50 water for domestic purposes as wejl as forirrigation. Three days later. District Judge Johnson issued an injunction against the City ofDenver, The Denver Union Water Company and others prohibiting any interference with farmers holding priority rights on the City Ditch. On July 26, 1902,. the Republican announced that Supervisor Haven had introduced a bill to prevent the waste of water by limiting sprinkling hours to 6 to 8 P M a day for the period of the ennergency. It was also stated that the planned inspection trip of the City Council to examine the Cheesnnan supply and the flow in the South Platte River vro uld start on that day. The following day the Republican ran a front page illustrated article headed, "Alderman Kelly killed, and Supervisor Lindquist badly injured as a result of a runaway near Wellington Lake", A nunnber of other members of the party we re also injured with the water shortage inquiry brought to a halt as a result of that tragedy. At this time it was announced that the daily domestic water supply for Denver canne from the following sources: Combined three underground galleries, 19? 15 8, 189 ga lions ; Platte River surface water, 26, 140, 600 gallons, storage water 3, 734, 341 gallons, a grand total of 49» 033,130 gallons. On August 2, 1902, it was stated that the water company had secured a 50 day supply of water by purchase from the owners of Lake George, with a deal on for Nevada Ditch water as well. This was innnnediately followed by negotiations for Lake Wellington water which was purchased as a reserve supply, 60. 4 3 / On August lOth the Republican noted that 5 million gallons of water a day was being used out of Marston Lake. The water situation continued to be critical for all concerned until a general storm relieved it on September 20, 1902. However,, the extremely cold weather of December of that year caused the statement to be made that Denver was then in nnuch greater danger of a water famine than at any tinne during the preceeding summer. The water company said it could get by with the help of the water held in distributing reservoirs, if the people would not throw away from 10 to 20 million gallons of water, every night to prevent freeze up of services. An editorial printed by the Rep-ublican on Christmas Day 1902 said that no better news could come to the farmers of Colorado than that heavy early snows were being packed in great masses in the mountains, thus insuring a plentiful supply of water for irrigation in the next season. In an attempt to clarify the law with respect to water used for any beneficial purpose other than irrigation, the General Assembly of Colorado at its 14th Session passed an Act, concerning water rights which was approved on April ll, 1903. This Act provided that decrees for water used for any beneficial purpose other than irrigation could be established by petitioning the District Court having jurisdiction, in the sanne nnanner and by connplying with the procedure and the requirements of the law applicable to the adjudication of water rights for irrigation purposes. The first action brought under this new water right law was started in the District Court of Chaffee County by the Iron Silver Mining Co. of Leadville, 61. k tlc"-.^^ In commenting on the result of that case, the Republican on July 29, 1904 said: "This means that municipalities providing their own 1 water and water connpanies supplying cities and towns throughout the State have no valid title to the water used until they have had their priorities adjudicated under the new law. This affects The Denver Union Water Co. "--' A committee of ditch owners called upon the State Engineer on May 6, 1903 for a consultation regarding water priorities, . This comimittee infornned State Engineer Carpenter of their uneasiness and fear that their supply would be curtailed by the filling of Cheesman Lake. Water Company officials were called in and the ditch owners were told that no water was being taken fronn the river and had not been taken for some time. They were further told that the company intended to connply with the law and not take water from the stream during the irrigating season. Again cxi May 27, 1903, water consijmers representing various in dividuals and ditch organizations, called upon the Governor complaining of unfair treatnnent by the Denver Union Water Company with respect to storing water in Lake Cheesman. They clainned that affidavits had been obtained to show that between April 27 and May 17th, a rise of six feet was recorded in the lake. It was then stated that the Governor would be asked to rennove the State Superintendent of Irrigation and the Water Connmissioner of District No. 8 fronn office for their irregular conduct in the matter. On May 29th, the Republican reported that the controversy with the water company had been settled for the time being. In December 1903, the water connpany, in confornnity with its policy of acquiring irrigated ranches located on the South Platte River above Denver for the sake of their valuable water rights, purchased the DuBois ranch of 600 acres which had priority rights totalling 17 cubic feet of water a second. This was the old Frank Archer ranch and brought the total of ranch land owned in the area up to 2250 acres with attached water rights claimed amounting to 32 nnillion gallons a day. Among the numerous actions brought against the water company in 1904 for failure to deliver water as agreed was one brought by the Army charging that water owned by it was being diverted fronn Harrinnan Lake to Marston Lake instead of to Fort Logan. The injunction requested was denied by Federal Judge Riner on March 14, 1904. The suit resulting from this decision was never brought to t rial and was dismissed in July 1906. Again, a group of farnners brought suits in the District Court at Golden on March 18, 1904 to prevent the wate r company fronn storing wat er in Lake Cheesnnan. This case was decided in favor of the Water Company onApril 5, 1904 by Judge LeFrance, the ruling being thatthe company had the right to store at Cheesnnan during the non-irrigating season, or between November 1st and Apr.il 1st each year, with the storage of "flood" water permitted at other times when available. - Elaborate new plans were filed in the State Engineer'/s office for the Cheesman Reservoir on July 7, 19-04, This filing was made in order to bring the Company's claims respecting the water in.this reservoir up to date with the State's latest laws and regulations. At the annual meeting of The Denver Union Water Cornpany, held on Novennber 9, 1904, Federal Judge Moses Hallett resigned as a Director, the reason given being lack of time to give the position the attention it should have. Mr. Williann P. Robinson, Manager, was then elected to fill the 63. i3^ vacancy. Judge Hallett retired fronn the Federal Bench in April 1906, terminating a brilliant public career of 40 years. The Denver Republican announced on December 5, 1904 that, at a conference held on December 3, 19 04, the fannous' contr overs y and suits between the Colorado and Southern Railroad Company and the Denver Union Water Company arising out of the Cheesnnan Darn flood of 1900 and the counter suit instituted for alleged overcharge in freight transportation, had been settled out of court satisfactorily to each corporation, but the terms of the compromise were not made public-^at the time. Precipitation for the year 19 04 and for each year, except 1907 for the remainder of this decade, was above average. This favorable cir cumstance, combined with the completion of the Platte Canyon Reservoir, the availability of water from Lake Marston and the approaching connpletion of the Lake Cheesnnan project, brought an end to the threat of a water famine in Denver. The taking of testimony before Referee C. P. Gehman, stenographer in District Judge Baileys Court at Fairplay, Park County, with respect to proving up on the Denver Union Water Company's water rights at Cheesman Lake was begun in Denver on June 2, 1905. However, it was not until May 19, 1916^, eight years later, that District Judge Charles Cavender, of the Fifth Judicial District, setting for and at the request of District Judge Wilkin of the Eleventh Judicial District, entered the decrees for Lake Cheesnnan with priorities dated June 27, 1889 and Septennber 24, 1893 as already noted. 64. Lsy City Ditch Most of the individual users of water for yard purposes in Denver proper, had by the-beginning of this decade, turned to the pipe systenn for • rel ief, leaving only the Country Club, the City Parks and a few isolated users dependent upon the ditch after that time, .On the contrary, a con siderable number!.'bf farnners whose property was contiguous to the ditch located s outh of the city limits, continued to take water from it under contract Legally, the City Ditch supply seenned to be a preferred one, over all other ditches on the South Platte river, by virtue of its priority No. 1 for 30 Cubic feet of water a second as of November 30, I860. However, the State Engineer about this time, construed the law as giving water under that priority first to users producing crops, after which, if any remained, it miight be used for lawn and tree irrigation within the city. This ruling resulted in the City Parks getting the worst of the deal in time of scarcity. Beginning in 1901 and continuing on through 1903, the record shows almost constant friction between city officials and the State Engineer. This was brought about largely by a ruling of the State Engineer to the effect that the city was not entitled to water for storage purposes in the City Park lakes until after all needs for direct use by farnners had been met. A news item in the Republican, dated April 25, 1903, told of a conference having been held between Mayor Wright and State Engineer Carpenter, at which time the nnatter was compromised with Mr. Carpenter a greeing that the Parks were entitled to their share of the senior priority amounting to 30 cubic feet a second. It was noted in this same release that an ordinance had been introduced in the City Council to place the ditch under control of the Park Commission. Ordinance No. 54 Series of 1903 was thereafter passed and approved by the Mayor on June 1, 1903, This ordinance gave the President of the Park Connnnission authority to appoint a City Ditch Superintendent with jurisdiction over the ditch between the City linnits and the Headgate. This action, transferring control of that portion of the city ditch lying outside the city limits from the City Engineer to the Park Comnnission was taken at the request ofthe City Engineer who had personally found it impossible to deal fairly with the farnners in the Petersburg area. Within two weeks, the lakes at city park were reported to be full, with that portion of the ditch inside the city receiving its full share of water. The tennporary injunction entered by District Judge Frank T. Johnson on July 22, 1902, restraining the city from taking an unreasonable amount of water from the City Ditch to the alleged detrinnent ofthe farnners living along it, was modified by hinn after a hearing held on August 12, 1903. The order there issued gave'the Park Commission jurisdiction over the water in the ditch with control of the measuring boxes in it. This order provided that the Comnnission should have entire charge of the City Ditch with authority to regulate the distribution of water according to the annount demanded arid paid for under individual contracts. It further authorized the City ahd County of Denver to receive payment for all water bought and used by consunners along the ditch without a written contract between the parties. 66. 65 7 The long standing controversy betweenthe City and Farmers taking water from the ditch seems to have shifted in 1904 from water per se, to the rates charged for it by the Park Connnnission. A suit was brought by Samuel W. Brown, et al, in Judge Johnson's court in the spring of 19 05, protesting the rate of $2. 00 an inch which had been raised "fronn the former price of $1. 25 an inch. The case was heard in June and decided against the Park Connnnission on July 24, 1905. At that tinne the Court declared that the $2. 00 rate was exorbitant and without authority. It held that the rate of $1.25 an inch as established by the County Comnnissioners w^-s a fair one and should be maintained. The District Court decree directed that defendant should deliver water to plaintiff, during a specified season, at the rate of $1. 25 per inch; it was stipulated by the parties that plaintiffs might deposit in court $2. 00 for each inch desired during that season, that $1, 25 should be withdrawn by the city, and the residue of the deposit remain to answer the final determination ofthe cause on appeal. An appeal was duly taken to the Supreme Court by the City and County ofDenver. In the spring of 1907 a writ of supersedeas was applied for, but denied on April 23rd. of that year. About this time, a number of conferences were held by the Park Connmission with a connmittee of farmers over the rate to be charged during the 1907 season. The result was a compromise offer of $2. 00 an inch to be fixed for a 5 year period of time. This offer was accepted by the farmers committee, but when asked to sign up on that basis they refused to do so. Angered at this evidence of bad 67. IsYi faith, the Park Comnnission thereupon fixed the rate at $3. 00 an inch and instructed its Superintendent to cut off the water supply to all consumers in default of payment at that rate on and after July 10, 1907. It was stated that it was necessary to have a $3. 00 rate in order tp cover the cost of operation and maintenance and to give the City a fair return upon its $60, 000' ditch investment. In fixing the rate higher than that set by the County Comnnissioners, as earlier noted, the Park Commission felt that it was in a strong legal position as a result ofthe Suprenne Court decision handed down earlier in the year in the Montezuma County - Montezunna Water and Light Company case In that decision the court held that the County Commissioners, "under the guise of regulation could not set a rate so inadequate as to practically result in confiscation of property, or to take property without due process of law". (See Colorado Reports, Vol. 39» Pa ge 166. ) That the differences of opinion between the leaders ofthe 150 or more farnners and gardeners using city ditch water on the one hand and the Park Commission on the other remained unsolved, is indicated by the fact that a referee was appointed by the District Court to determine which of the claimants to water in this ditch had priority and which ones did not. The Republican on March 7, 1908 reported that the referee, M. Ward Beery had filed his report giving the annount of water to which the users were entitled and the persons, that in his opinion, were not entitled to water under priority rights. In brief, his findings were that the city as successor to the Platte Water Company had the priority to the water it had been claiming ever since the Samuel Brown litigation had been ^egun. 68. 6 5? These findin gs were subject to court approval before coming effective. Although the court's subsequent action is not available, as well as the complete referee's report referred to, later develppnnents indicate that the position of the referee in the nnatter v/as upheld. It was reported on March 11, 1908, that an agreemjent had been reached betweenthe Board of Public Works and the Park Board providing for the city ditch to be piped at Seventh Avenue at Downing Street with the expense to be equally divided between them, "Municipal Facts" in its issue of June 12, 1909, ran a story on the history of the City Ditch which was prepared by A. L. Livingston, its. Super intendent at the time. Among other interesting statements in that story was the one that said the ditch was svpplying water to sonnething over 1, 000 acies of farm and garden tracts; and from which the city received an incorne of about $2, 600 a year. The need for a supply of storage water, to supplement the intermittent stream flow available for diversion into this ditch under its priority No. Ill dated January 18, 1879, has been commented upon in the previous chapter. Angry and disheartened by the prospect of again losing their crops, the farnners, depending on the High Line Canal for irrigation water, in July 1901, posted a notice on the headgate saying: "Any person attempting to close this gate will be filled full of lead. " At that time, j-temporary relief iwas provided by the Denver Union Water Connpany voluntarily shutting the water off from its farmsr, thus making 75 second feet available to the ditch for a few days ttme. Nevertheless, it was announced on July 23, 1901 that the State Engineer had ordered ditches in District No. 23 closed, the South Park Area, and that 69. LHb no more water was available for the High Line Canal in District No. 8. Again, with even less water available in 1902 than in 1901 by reason of the extrennely severe drouth conditions of that year, the farmers dependent upon this canal for water faced disaster. In commenting editorially on the High Line Ditch situation the Republican on Novennber 26,_ 1902 said: "Last sunnmer the farmers living under the High Line Ditch received practically no water for their crops, and what they did get was of no value to thenn. " "The construction of a great reservoir such as Lake Cheesman for city use has emphacized the innportance of a sinnilar one for the benefit of the farmer. " "Disastrous ccnditions of the last season may be repeated in the future unless, profiting by this lesson, the farnners depending upon this ditch, provide adeqiiate storage for themselves. " Although run off conditions were scanewhat improved in the spring of 1903, with ample water flowing in the ditch by June for the first time in two years, the Republican noted on June 20 that serious thought was being given by the farmers to the formation of an irrigation district to be created under the authority of Chapter 87, Session Laws of 1901. The first abortive attempt to do this was soon begun and a notice given to the 'Board of County Connnnis si oners of Arapahoe County stating that on July 25, 1903 a committee would present to it, for proper consideration and action, a petition for the organization of the High Line Irrigation District. 70. ^V/ This petition was favorabley acted upon and the Board of Directors ofthe Irrigation District proceeded to develop their plans forthe construction of a reservoir on the South Platte River below Lake Cheesnnan. Opposition to the proposed bond issue of $1, 100, 000 dollars to be used in financing the project, resulted in a suit being filed by Attorney McKinley, representing a Land Owners Association, in the District Court of Littleton. On September 28, 1905 the Republican announced that the court had validated the bond issue, whereupon it was stated that the Case would be appealed to the Suprenne Coii't. This was done, and Attorney A, B. McKinley argued his case before that court on January 10, 1906. The case, Ahern et al vs. the Board of Directors of the High Line Irrigation District was decided on April 1, 1907 with Justice Campbell writing an opinion, reversing the judgment ofthe lower court-,T and remanding the cause with instructions to vacate the decree and enter a new decree in validating all proceedings of both the Board of County Commissioners for Arapahoe County and that ofthe IrrigationDistrict. This four years of litigation ended with all work suspended and little or no progress made during that time. In commenting on his success in getting the proposed High Line Irrigation District voided by the Supreme Court, Mr. McKinley hastened to explain his position in the matter. He was quoted at length by the Republican of April 7, 1907 at which time he review.ed the problems in sonne detail,AmLong other things, he stated that the District proposal was to buy the High Line Canal for $375, 000 from the English Company and to build a reservoir below the Cheesman Dam for $725, 000. After further comnnents on the general subject of irrigation and recent court decisions affecting it, Mr. McKinley casually said that he would be glad to hear from or meet anyone interested in a great big and practical High Line Irrigation District reservoir, which would not only enrich the agricultural area but would give beautiful suburbs to Denver, the coming great city of the west. On May 10, 1907, the Republican announced that a meeting of persons owning land under the ditch would be held that day relative to water rights and related matters. It was then proposed to reorganize into a mutual district with sub scriptions being called for in the annount of $60, 000 to purchase the Antero reservoir site which had been secured some years before by C. C. Richardson and B-.. H. DuBois. This news item also noted that a meeting had been called for May 14th at which time English Connpany officials would discuss a sale of the Canal with a group of speculators who were also interested in the ditch. At a meeting held in the Windsor Hotel, owned by the "English" Company, on May 29, 1907, it was decided to organize the High Line Reservoir Connpany for the purpose of acquiring the Lost Park and Antero reservoir sites, At that time 10, 000 acres of land were subscribed out of the 25, 000 acre^s necessary to make the purchase. Annong those who subscribed were S. J. Gilmore, President ofthe High Line Canal with 2500 acres; Brad DuBois, a heavy land holder under the ditch and Judge S. A. Osborn, representing Thomas F. Walsh. Planning along the lines indicated progressed to the point where it was aaid that the necessary money had been raised by July 31, 1907. T2. ip'J3 It is to be noted that this schenne was promoted by nnen associated with the English Comipany, who expected to add 5, 000 acres of idle land to the 20,000 acres already under the ditch with water rights. The news item of that date concluded with the statennent that those concerned in the ditch company expected the plans then under way would do away with all friction and litigation on the High Line System. On August 22, 1907 it was announced by the Republican that fornner Senator A. B, McKinley's proposition'for a new High Line Irrigation District to irrigate 60, 000 acres was the subject of nnuch cornment with David H. Moffat indicating a deep interest in it, conditionally leading the list of subscriptions with $2, 000. Itwas believed by nnany pronninent Denver citizens that his plan was the only practical and businesslike one that had so far been made to augment the water supply and bring the land under the ditch up to exf)ectations. The long cherished plans of some of the stockholders of the High Line Ditch Connpany to secure the Antero Reservoir Site were upset when it was announced on September 28, 1907 that a syndicate ofDenver and Greeley men had purchased the Antero and Lost Park Sites for $55, 000 fronn the High Line Reservoir Company, the original Richardson project of 1891-1892. This surprise nnove resulted largely fronn the failure of some of the High Line Ditch Connpany stockholders to c cmplete the negotiations begun earlier in the summer on the substitute McKinley plan. It was claimed that the pool of Greeley andDenver men bought the property for purely speculative purposes. Their scheme was to sell water to farnners under the High Line, 73 . (^-Vij Buarlington, Fulton and Bucker ditches. It was also claimed at this time that, as both reservoir sites were above Lake Cheesman, litigation was bound to result. Mr. McKinley refused to give up on this ditch developnnent, however, claiming that the above pur chase did not necessarily hurt his proposed plan for an enlarged irrigation district. At this time, the Republican stated that some confusion had arisen over the Antero transaction-through the similiarity of names between the Reservoir Company and the High Line Ditch Company. It was said that there was no connection between the two, although some of the stockholders of the Ditch connpany did own stock in the Reservoir connpany. On October 1, 1907, Mr. McKinley wrote a long letter to Mayor Speer seeking a $10, 000 contribution fr cm the City, which, with $15, 000 to be raised from private citizens was to be used to finance preliminary expenses for his project. After considerable study, Mayor Speer, wrote the Treasurer of the High Line Im,provennent Fund" on October 14, advising hinn that he was much impressed by the importance of the proposed enterprise to the City and County ofDenver and would therefore reconnnnend an appropriation of $10, 000 for the McKinley plan in his 1908 budget. The Antero and Lost Park Company was incorporated on October 19, 1907 with a capitalization of $2, 000, 000. The group behind it consisted of 33 nnen, 19 of them from the Greeley area with the rest from Denver. It was announced in the Republican of October 20, 1907 that water for late irrigation would be provided for 75, 000 acres of land by the construction of the Antero 7A.. ^VS^ • . reservoir, the site for which had been purchased sonne three weeks before. The contract for building the Antero Dann was let to Camfield and Shields of Greeley on April 14, 1908 at an e stimated cost of about $125, 000. The dam was connpleted on October 30, 1909 with the Republican in its issue the next day describing the project in part as follows: "The dam is 4, 200 feet long, l6 feet wide at the top, 180 feet wide at the base and 47. 5 feet high. The reservoir created by it covers an area of 4, 885 acres and has a storage capacity of approxinnately 85;'000 acre feet." The water is to be used to supplennent the supply of the High Line Ditch and applied to land lying southeast, east and northeast ofDenver. Siifficient water is already stored to furnish one acre foot for each acre of land contracted for under the High Line Canal. This great project has been carried out entirely on local capital. The Antero and Lost Park Reservoir Company is a closed corporation composed of Denver and Greeley capitalists. No stock has been offered to the public and there has been no bond issue. At this tinne, H. G. Clark was President and Arthur D. Wall, Secretary of the Connpany. Earlier it has been stated that the dam would be an earth fill one with a concrete slab face. The Antero Reservoir capacity is given as 85, 837 acre feet on the map filed with the Register of the United States Land Office at Leadville on Septennber 12, 1911. The high water Une survey depicted on that map was stated to have been begun on August 1, 1910 and ccanpleted on October 15 of that year. 75. IP H L made the second beginning'*. (Reservoir priority No. 4 of District No. 23 for 85,564 Acre Feet as of October 8, 1907)- (See Colorado Reports, Vol. 65, page l6l). "Ina series of decisions, beginning with Wheeler vs. Northern Company, Colorado Viol. 10, the Suprenne Court of Colorado held that the High Line Canal was only a carrier ditch and that the water rights were owned by the farnners under it, the sole function of the Northern company being to operate the canal and, for a profit, to collect annual charges. "By 1909, when the Antero Reservoir was ready t o operate, The Platte Land Company, Linnited, had contracted to furnish water to a considerable acreage of land under the High Line Canal. Nevertheless, the Platte Company itself owned a considerable acreage under the canal which it had for sale. In 1909 The Antero and Lost Park Reservoir Company purchased this land owned by the Platte Company and y.p'd.. on a campaign to sell such lands fo settlers. In making sales of such land the settlers were offered the land with High Line Canal rights, and were also offered, under separate contract, Antero water rights. "Antero Reservoir had been built for an estinnated capacity of 84, 000 acre feet, but the concrete surfacing of the dam did not stand up and the State Engineer only pernnitted about 28, 000 acre feet to be stored in the reservoir. In later years, the State Engineer has raised this annount to 33, 000 acre feet as being the quantity of water which can be safely stored, and that is the present 1935 rated capacity of the reservoir. "When the campaign of the Antero company to sell lands under the High Line Canal ceased, there were outstanding approximately 29, 000 acres of High Line Canal contracts and approximately 11,000 acres of Antero Reservoir contracts 78. ^n The canal was built and has always been owned by the Northern Colorado Irrigation Connpany; but the Northern Company has, in turn, been owned by three entirely unrelated organizations: (a) First by the Platte Land Company, Linnited, known as the English Company, (b) second, by the Antero and Lost Park Reservoir Connpany and (c) Third, by the City and County ofDenver. "Sonne years after the High Line Canal began to operate, experience demonstrated that its priorities of 1879 were so late as to furnish nnerely a "flood water" supply which, although a considerable annual yield, was inter nnittent from month to m:onth and fronn year to year. Accordingly a Denver lawyer named Richardson, who had some land under the High Line Canal, started an enterprise to obtain a sufplemental reservoir supply and actually began the construction of Antero Reservoir. Mr. Richardson, however, died about the time of the panic of 1893 and his efforts came to an end, "In 1907, a nunnber of irrigation developers fronn the northern part ofthe State headed by HPrace C. Clark (father of Paul Clark)-were looking for a ichance to make an irrigation development and foundi the Antero Reservoir project and bought, the rights of Mrs. Richardson, widow of the man who started the work. Mr. Clark andhis associates formed The Antero and Lost Park Reservoir, which built Antero Reservoir, beginning about 1907. The work of the Clark interests in constructing Antero Reservoir was not primarily to help the High Line Canal, but was for the purpose of building a custom reservoir to seU water to such customers as might be avail •A able. The Supreme C ourt has held that the Antero Reservoir priority did not relate back to the Richardson beginning but only to 1907 when theClark people 77. /^.Vf During the tinne the Antero dam was under construction, negotiations C: extending over nearly a years time for thepurchase of the High Line Canal by the Antero and Lost Park Reservoir Connpany for the sum of $600, 000 were satisfactorily concluded and the fact announced by the Republican on February 7, 1909. This sale, made public only a few days after Mr. McKinley's death I on Janiiary 24, 1909> produced results just the reverse of what the Senator had worked so long and valiantly for, namely, to have the backers of the canal project buy up the Antero and Lost Park reservoir sites. The papers connpleting the deal were signed on May 13, 1909, A new connpany known as the Antero Land and Irrigation Company took over the canal and the reservoir connpanies at this time at a connbined cost to it of $1, 500, 000. The owners of land along that canal immediately began to devise ways and means of securing additional water rights and soon organized an irrigation district of 60, 000 acres to be known as the Denver Suburban Irrigation District, with theAntero Land and Irrigation Connpany organized for the purpose of issuing the necessary bonds to finance'-e the proposed innprovements, including the purchase of three additional reservoir sites alon g the line of the canal adding 15, 000 acre feet of storage so that the total storage capacity of the combined project would be raised to over 95, 000 acre feet, R, A. Morrison was the President of . this new ccannpany, with A. D, Wall, Secretary-Treasurer. In summing up the legal history before the consolidation of the High Line and Antero Companies, Malcolm Lindsey, Assistant City Attorney on February 9, 1935 wrote: "Construction of the High Line Canal was begun January 18, 1879 and finished a few years later. 76 . 4V7 * In other words, the Antero Company found that individual sales of its tl Antero Water contracts were going slowly and began to look for a wholesale custonner. This led to the fornnation of an organization to extend the High Line Canal. The land under the Extension Canal was organized in 1909 into the East Denver Municipal Irrigation District. The district contracted with the Antero Company to purchase the Antero Reservoir (subject to the individual water contracts then outstanding); 79 /o bC a